makemygc
06-22 11:05 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
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simple1
05-05 10:24 AM
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
2011 The performance below is
acecupid
07-05 05:57 PM
Dude a stinking dead fish could be considered a bio-weapon :D
more...
josecuervo
08-20 12:02 PM
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
rk07
09-20 10:09 PM
Seshu,
Did you file at NSC?
seshuvaidehi
Junior Member Join Date: Jul 2007
Posts: 3
--------------------------------------------------------------------------------
Labor Certified in June 2006-India
I-140 approved Dec 2006
I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###
How do I check if EAD card has been ordered and/or AP approved?
Your all are awesome and Thanks to Immigration Voice.
Did you file at NSC?
seshuvaidehi
Junior Member Join Date: Jul 2007
Posts: 3
--------------------------------------------------------------------------------
Labor Certified in June 2006-India
I-140 approved Dec 2006
I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###
How do I check if EAD card has been ordered and/or AP approved?
Your all are awesome and Thanks to Immigration Voice.
more...
chintals
09-04 03:40 PM
Hello,
Here are my case details.
PD-09/04
I-140 -EB3 - TSC- Approved 08/06.
I-140-EB2 - Pending at TSC. RD 04/25/07 based on Perm to port 09/04 PD.
I-485/EAD/AP filed at NSC on 08/03/07. RD 08/06/07.
I guess longway to go for getting receipts.
Here are my case details.
PD-09/04
I-140 -EB3 - TSC- Approved 08/06.
I-140-EB2 - Pending at TSC. RD 04/25/07 based on Perm to port 09/04 PD.
I-485/EAD/AP filed at NSC on 08/03/07. RD 08/06/07.
I guess longway to go for getting receipts.
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thurinalas
08-28 02:20 PM
Filed I485/EAD/AP on July 30th @ NSC.
Check cashed :NO
Receipts : NO
can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?
Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?
Check cashed :NO
Receipts : NO
can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?
Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?
more...
snathan
02-14 01:32 PM
Terrorists are banned from visiting USA.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Daood Sayed Gilani aka David Headley and Faisal Shahzad were given USC...now you decide yourself.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Daood Sayed Gilani aka David Headley and Faisal Shahzad were given USC...now you decide yourself.
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kshitijnt
05-01 11:56 PM
even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................
Why arent you tempted to give me green though :)
Why arent you tempted to give me green though :)
more...
nrk
08-27 04:04 PM
As we are nearing to August ending, does any one have a good idea of how many cases approved in this month. (Auguest 2010)
I see 384 cases approved for EB2 India in track it. i am expecting it is much more than that in August 2010. any comments.
Thanks,
I see 384 cases approved for EB2 India in track it. i am expecting it is much more than that in August 2010. any comments.
Thanks,
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tikka
05-23 08:50 AM
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
more...
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jsb
09-10 10:07 AM
I don't know what this means. This is what it say in the Mumbai website.
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
For E3 India, Mumbai guys copied from the China column of the original Visa Bulletin. I guess they will have to correct it.
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
For E3 India, Mumbai guys copied from the China column of the original Visa Bulletin. I guess they will have to correct it.
tattoo quot;The Voice#39;squot; Christina
acecupid
07-03 01:30 PM
Admins this a great concept to protest, how about making this thread sticky. This protest can continue for weeks.
more...
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gccovet
02-09 02:10 PM
Folks,
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
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indyanguy
10-03 02:43 PM
Thanks for the reply.
I had trouble finding the memo from Dec 2005. Can you please link it?
Thanks again
I had trouble finding the memo from Dec 2005. Can you please link it?
Thanks again
more...
makeup Christina Aguilera and Adam
sameer2730
09-10 11:07 AM
or maybe the official webside accidently copies the India Other workers date to EB3 ;-) . In my 9th grade a real cool dude who sat next to me would say "Man lives in hope and dies in despair"
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ashishgour
09-25 10:54 AM
Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.
Thanks,
-rk.
Filed on July 23rd at Nebraska.
Got receipt numbers for AOS only. :)
No news on AP,EAD yet.:confused:
Receipt numbers are WAC-XXX-XXXX and case has been transferred
to TSC as my 140 was approved from Texas.
Receipt Date : 18th Sept 07
Notice Date : 20th Sept 07
Thanks,
-rk.
Filed on July 23rd at Nebraska.
Got receipt numbers for AOS only. :)
No news on AP,EAD yet.:confused:
Receipt numbers are WAC-XXX-XXXX and case has been transferred
to TSC as my 140 was approved from Texas.
Receipt Date : 18th Sept 07
Notice Date : 20th Sept 07
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prakgc
12-31 12:10 PM
Because from my experinece you can't even talk to an IO in TSC.. You can only talk to a customer rep if your case is in TSC..
Unless ofcourse your meant IO was the same as a "customer rep" from National customer service.
IOs at TSC are responding to the enquiry of your case i.e they give info about name check status.
But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?
Unless ofcourse your meant IO was the same as a "customer rep" from National customer service.
IOs at TSC are responding to the enquiry of your case i.e they give info about name check status.
But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?
desi3933
08-18 01:53 PM
Here is an old post from SunnySurya
The moment I get sufficient number of people I am going all out.
But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.
Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.
This goes on to show there is no community. If there is not community then I have to look after my interest.
GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)
What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)
Good Luck, my friend.
The moment I get sufficient number of people I am going all out.
But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.
Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.
This goes on to show there is no community. If there is not community then I have to look after my interest.
GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)
What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)
Good Luck, my friend.
pa_arora
07-09 02:39 PM
I was talking abut this from the past 1 year approx (going on the streets). Good that we have finally decided to get ourselves heard on those deaf ears.
I am in for SJ.
One more suggestion, even if we dont see too much gathering there we should not stop here & should keep doing this atleast every couple of months.
I am in for SJ.
One more suggestion, even if we dont see too much gathering there we should not stop here & should keep doing this atleast every couple of months.
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