GCBy3000
04-25 05:09 PM
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
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immm
07-18 06:00 PM
I have not received the physical receipt notice yet. But the online case status says "On July 11, 2007, we received this I485 APPLICATION" even though it was physically delivered and signed at Nebraska Service center on June, 15th. I will post once I get the physical copy of receipt notice to update every one.
May be some others that have already received the physical copy of receipt notices can clarify the difference between the receipt date on the notice vs. the online status that says ""On July 11, 2007, we received..."
UPDATE: shreekhand's post above from moments ago seems to have answered this question.
What does it say on your I485 receipt notice?
For example.. my app was mailed on 5/31 and RD on receipt notice is 6/4 and Notice date is 6/6 and Online case status says received on 6/5. I assume 6/5 is when USCIS created an entry for my case and 6/6 (my checks were also cashed on 6/6) is when receipt notice is actually generated. Some one correct me if I am wrong.
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
May be some others that have already received the physical copy of receipt notices can clarify the difference between the receipt date on the notice vs. the online status that says ""On July 11, 2007, we received..."
UPDATE: shreekhand's post above from moments ago seems to have answered this question.
What does it say on your I485 receipt notice?
For example.. my app was mailed on 5/31 and RD on receipt notice is 6/4 and Notice date is 6/6 and Online case status says received on 6/5. I assume 6/5 is when USCIS created an entry for my case and 6/6 (my checks were also cashed on 6/6) is when receipt notice is actually generated. Some one correct me if I am wrong.
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
whitecollarslave
04-30 02:31 PM
Can somebody post the link please?
2011 SIGNED Aaron Lewis CD Town Line STAIND Autographed NEW
mirage
08-04 03:23 PM
I never give any red or green dot to anybody nor do I care what I have. As, you said what you felt was right, other users did the same to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
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amitjoey
07-18 02:30 PM
Hello
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
Thanks gcrich, we need more of the first timers, to contribute.
I am sure there are a lot many that have never ever contributed, and need everyone to come forward and do it. Sign up for the recurring contributions.
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
Thanks gcrich, we need more of the first timers, to contribute.
I am sure there are a lot many that have never ever contributed, and need everyone to come forward and do it. Sign up for the recurring contributions.
baleraosreedhar
06-24 11:03 AM
I would like to add some points where America is loosing
1) Less number of students are willing to come to USA as they are not seeing any future due to H1 lottery system and they have to wait for one year to apply in the 20K category as they getting rjections in applie din april as they will be graduating in june timeframe.Students are not getting jobs as there are very few companies ready to sponser them.So a long time career settlement options for students is diminishing here in USA as they cannot get GC in 2-3 year timeframe and lot of companies are not interested in wasting their resources on H1 and then applying GC for prospective students.So all these student with bright ideas are looking elsewhere like australia,germany,Uk for their education and reasearch and residency.So american is loosing their future research scientists to other countries.
2) Career Advancement :
Lot of H1bs converted to EAD are facing these issues, they are not able to plan for their future properly as they are not sure when they will get their GC and the moves they are making now is it acceptable to USCIS, will the next job fall into the same category as Labour or USCIS will accept the career advancment theory.So they are in jeopardy weather to take a new job and take chance or stick on to the old job.As due to this issue even though he may be dreaming of biggest technological breakthrough/Biggest supply chain enhancement/ reveloutionaly marketing spin off , he will not dare to realize his dream as he himself is not sure of his position here in US, which in turn might have helped thousands of people gaining employment and in turn helping economy.So this constant issue of settlement may force the propective employer to leave his brilliant idea and move back to his home country.
3) Peer pressure:
As GC applicants are not able cherish their dream in the applicable timeframe they are constantly exposed to peer pressure to look out for other avenues for their career growth and settlement.
1) Less number of students are willing to come to USA as they are not seeing any future due to H1 lottery system and they have to wait for one year to apply in the 20K category as they getting rjections in applie din april as they will be graduating in june timeframe.Students are not getting jobs as there are very few companies ready to sponser them.So a long time career settlement options for students is diminishing here in USA as they cannot get GC in 2-3 year timeframe and lot of companies are not interested in wasting their resources on H1 and then applying GC for prospective students.So all these student with bright ideas are looking elsewhere like australia,germany,Uk for their education and reasearch and residency.So american is loosing their future research scientists to other countries.
2) Career Advancement :
Lot of H1bs converted to EAD are facing these issues, they are not able to plan for their future properly as they are not sure when they will get their GC and the moves they are making now is it acceptable to USCIS, will the next job fall into the same category as Labour or USCIS will accept the career advancment theory.So they are in jeopardy weather to take a new job and take chance or stick on to the old job.As due to this issue even though he may be dreaming of biggest technological breakthrough/Biggest supply chain enhancement/ reveloutionaly marketing spin off , he will not dare to realize his dream as he himself is not sure of his position here in US, which in turn might have helped thousands of people gaining employment and in turn helping economy.So this constant issue of settlement may force the propective employer to leave his brilliant idea and move back to his home country.
3) Peer pressure:
As GC applicants are not able cherish their dream in the applicable timeframe they are constantly exposed to peer pressure to look out for other avenues for their career growth and settlement.
more...
frostrated
07-06 11:25 AM
It is true that a lot of the members signed up just so that they can follow the happenings, and maybe post an immediate question that they might have. We may have a huge membership base, but without any action from such a base can make any plan from the core a failure. What we need to do is to energize the baselevel members. The senate is comprised of senators from our respective states, and the house has reps from each state. We have individual state chapeters for IV. I think the Core will need to plan out a strategy to help the state chapters approach their senators and house reps, while the core concentrates on contacting the DoJ committees. Meeting a few senators here and there will not help. We need to contact ALL the senators and apprise them of the situations. Rather than have a different message sent to each senator, the core will need to define an agenda, and the communication needed. The state chapters will need to take that and follow up with their respective senators and reps, without diluting any of the messages. Having the core meet all the senators is not proper, we need to pitch in too. Unless we work as a team, nothing that the core has planned will work.
I was/am a member in immigration.com where all the talk of starting this forum happened. I have interacted with the core on many occassions before, and I was also one of the first to join this community. But work and family pressures prompted me to stay away, and in the meantime, my handle and password were forgotten. I had to resign up, and what I find today is that there is no understanding between the members. Be thankful that this forum was set up, and contribute positively in any way you can. Without your support, the core cant do it all. Lets stop worring about donations and membership fees. We are all intelligent, and highly paid. We have the brains to talk to senators and house reps. Lets move forward to get at least piecemeal legislations passed. Lets not wait for CIR. CIR is not going to happen, so dont believe in it.
I was/am a member in immigration.com where all the talk of starting this forum happened. I have interacted with the core on many occassions before, and I was also one of the first to join this community. But work and family pressures prompted me to stay away, and in the meantime, my handle and password were forgotten. I had to resign up, and what I find today is that there is no understanding between the members. Be thankful that this forum was set up, and contribute positively in any way you can. Without your support, the core cant do it all. Lets stop worring about donations and membership fees. We are all intelligent, and highly paid. We have the brains to talk to senators and house reps. Lets move forward to get at least piecemeal legislations passed. Lets not wait for CIR. CIR is not going to happen, so dont believe in it.
2010 Melinda
msp1976
01-10 03:08 PM
May be yes....applying greencard is required to extend the H1...having said that one has to spend huge money in applying for GC...at the same time one can also stay out of US for an year and come back if required...
I came to US when I was 24 years old...I delayed the filing and not a day goes by that I donot repent that...My friend are GC holders and bought their houses..I am 30 now..
I think that even at your age..a GC is good to have....It opens up many possibilities....Whatever money you save doing a job...I doubt that you can go back and retire..The prices of everything keep going up in India...One still would need to work....
Even if social security benefits get reduced in US, they would still pay something...In time if you have citizenship you can get whatever you can from that and whatever you saved would make a living...In fact if you donot have a concrete plan of returning in 1 year, file for GC immediately....
When this organization is successful, you would at least have a 485 filed and your spouse can work and they would not throw you out summarily...
I came to US when I was 24 years old...I delayed the filing and not a day goes by that I donot repent that...My friend are GC holders and bought their houses..I am 30 now..
I think that even at your age..a GC is good to have....It opens up many possibilities....Whatever money you save doing a job...I doubt that you can go back and retire..The prices of everything keep going up in India...One still would need to work....
Even if social security benefits get reduced in US, they would still pay something...In time if you have citizenship you can get whatever you can from that and whatever you saved would make a living...In fact if you donot have a concrete plan of returning in 1 year, file for GC immediately....
When this organization is successful, you would at least have a 485 filed and your spouse can work and they would not throw you out summarily...
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gcny2006
07-20 12:52 PM
ok. How did we miss this? Did we miss a chance to call up the concerned senators?
i was thinking the same thing did we take our eyes off the ball. Seems like people towed the part line during the vote but it still seems like a miss
i was thinking the same thing did we take our eyes off the ball. Seems like people towed the part line during the vote but it still seems like a miss
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pmat
05-02 09:19 AM
FYI... I got the stimulus check ($1200) direct deposited in my account today. I am on H1B and my wife is on H4; both of us have SSNs.
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phigi
08-12 01:02 PM
Is it legal to pass the fee hike to the employee? or is it like the Fraud Prevention fee which is illegal to be passed on to the employee..?
this will change the equation until companies assimilate this in and find the work around! well, it definitely eats into their 'profit' i guess!
this will change the equation until companies assimilate this in and find the work around! well, it definitely eats into their 'profit' i guess!
hot SIGNED Aaron Lewis CD Town Line STAIND Autographed NEW
SDdesi
08-12 12:32 PM
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
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ItIsNotFunny
11-10 03:42 PM
Nice to read. How much you trust USCIS and Ron Gotcher is a different issue to discuss :)
tattoo Walmart.com: Town Line, Aaron
addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
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Mouns
04-30 02:59 PM
I didnt get this... did he mean GC applications that eventually get denied are getting a free ride because of EAD/AP?
Yes because while the GC is pending the EAD/AP is given as a right not based on the merits. So you get a free ride, even if down the road you are not eligible for a GC...
Yes because while the GC is pending the EAD/AP is given as a right not based on the merits. So you get a free ride, even if down the road you are not eligible for a GC...
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gc_maine2
07-19 02:06 PM
Contributed $100 today, earlier contribution $50.
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qplearn
11-20 09:58 PM
Work in progress; . Nice job; Sent you a PM.
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indyanguy
08-13 04:59 PM
But why should we lose the PD that we've been hanging on to for so long. For all we know, they might retrogress EB2 next - with USCIS, there's no room to take chances. I'm on my 10th yr here and don't want anything to go wrong at this point.
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
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sanjaymk
07-20 03:56 PM
Why can't we have a fax campaign like NumbersUSA and fax the respective senators.
I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.
Thanks,
Sanjay.
I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.
Thanks,
Sanjay.
dvb123
09-13 06:35 PM
Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
Desertfox
03-30 07:03 PM
what about: married filing separately..since both me and my wife are on H1.. we filed separetly last year for some vague reasons!
My guess is that you will probably end up paying more than $600 additional in tax amount.
My guess is that you will probably end up paying more than $600 additional in tax amount.
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