sina
09-19 02:41 PM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
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gc_chahiye
10-08 01:17 PM
It already does, if you have an approved I-140 based on your LC.
with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.
with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.
gc28262
07-20 01:06 PM
ok, let me put the matter to rest before you take it out of context. My observation was based on the thread that we had for collecting the amount..I didn't see many EB3 folks contribute dollars....but now that 2 EB3 are vouching that enough EB3 folks contibuted, that's great. I just observed something and if it hurt you right down the spine, sorry. I filed PERM 3 months ago, I'm far off in this process. Just focus on advocay so that everyone gets their GCs. Good luck. I hate this EB2 vs EB3, this is a never ending debate. Just hope everyone gets their GC in time.
Nothing personal. I appreciate everybody's contribution and efforts. I was trying to dispel the notion that PD progress is somehow related to how much we contribute to advocacy efforts. That is just not true.
Peace !
Nothing personal. I appreciate everybody's contribution and efforts. I was trying to dispel the notion that PD progress is somehow related to how much we contribute to advocacy efforts. That is just not true.
Peace !
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GCNaseeb
08-30 09:37 PM
Got receipt notice for I-485/AP/EAD/ from USCIS today (8/30/2007). My package was delivered to Nebraska center on July/27/2007. Notice date is August 21st, 2007. My priority date is Dec/23rd/2003.
:D:D:D:D:D:D:D
Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?
:D:D:D:D:D:D:D
Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?
more...
eaglesvr
07-24 09:12 AM
Filed two EAD renewals to TSC: one on 07/06/08, another on 07/14/08.
Both included only the documents required by the filing instruction, nothing besides.
The first one was accepted, ND 8 Jul, the second returned with a request for a copy of I-485.
Added and re-sent again- no receipt yet.
Both included only the documents required by the filing instruction, nothing besides.
The first one was accepted, ND 8 Jul, the second returned with a request for a copy of I-485.
Added and re-sent again- no receipt yet.
diptam
06-27 09:54 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
a.j.2048
03-07 01:50 PM
The country cap is routinely disregarded for the unskilled EB population when any talk of CIR comes up. Point is to say that it's not unrealistic to ask that it be suspended as a one time event if not permanently. Of course, as with any democracy the reason why the unskilled EB population has more success with this issue comes down to votes and money, so that is something to keep in mind - IV is the wrong forum from where to push this agenda.
2010 Printable Valentine Cards and
saptaswara
05-09 10:13 PM
The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)
Sending poorly drafted letters may not speak well of our community please
Regards,
Saptaswara
Sending poorly drafted letters may not speak well of our community please
Regards,
Saptaswara
more...
Prashant
07-03 12:00 PM
Guyz what flowers are u sending lets keep it uniform ... l
hair These cards are for kids.
nashim
06-02 08:44 AM
Please share your experience, if any one come across this situation
more...
akhilmahajan
02-09 08:10 PM
March bulletin is out. Still no signs of improvement.
Looks like a long wait for us. Whether you are 2004 or 2007 there is no set period of time for getting GC's.
I think we need to fight this randomness and ineffeciency on part of the Govenrment.
Come on lets get together and try to solve our problems.
Come on lets contribute.
HELP IV TO HELP UR'SELF. GO IV GO.
Looks like a long wait for us. Whether you are 2004 or 2007 there is no set period of time for getting GC's.
I think we need to fight this randomness and ineffeciency on part of the Govenrment.
Come on lets get together and try to solve our problems.
Come on lets contribute.
HELP IV TO HELP UR'SELF. GO IV GO.
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myvoice23
09-26 09:49 AM
Can you let us know if they respected your RN july 3rd?
Received date is JUly 3rd on receipts
Received date is JUly 3rd on receipts
more...
house kids kids valentine cards
apahilaj
12-16 06:48 PM
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
What are you guys thinking as next step?
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paskal
07-09 12:06 PM
140K are never available on Oct 1
27% are = 37,800
and country limits determine individual cutoffs
27% are = 37,800
and country limits determine individual cutoffs
more...
pictures Giving a valentine photo card
cooldude
09-30 08:10 PM
How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.
Anyone in the same boat?
Thanks,
-rk.
Applied on July 19 at NSC and still nothing.
Anyone in the same boat?
Thanks,
-rk.
Applied on July 19 at NSC and still nothing.
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vicks_don
04-21 09:50 AM
Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.
Has anyone done this more than 1 times?
How much % salary increase have you taken while changing jobs?
How different was your job description and profile?
What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?
The answers for this questions would really help. Any one who has done this ?
Thanks
Has anyone done this more than 1 times?
How much % salary increase have you taken while changing jobs?
How different was your job description and profile?
What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?
The answers for this questions would really help. Any one who has done this ?
Thanks
more...
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gc28262
07-19 07:56 PM
My thoughts:
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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feedfront
08-26 01:18 PM
Is your case pending at TSC?
It is pending @TSC after transferred from NSC.
It is pending @TSC after transferred from NSC.
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grupak
11-22 09:36 AM
Mehul,
Sad to hear your situation. Greg Siskind has discussed some of the legal options on his blog http://blogs.ilw.com/gregsiskind/
As others have suggested, if possible your spouse should pursue her own path to GC through H1B employer as a realistic option. IV members would help in the job search.
Wish you and your family all the best.
Sad to hear your situation. Greg Siskind has discussed some of the legal options on his blog http://blogs.ilw.com/gregsiskind/
As others have suggested, if possible your spouse should pursue her own path to GC through H1B employer as a realistic option. IV members would help in the job search.
Wish you and your family all the best.
JAWAD
05-03 09:19 AM
Has the issue of waiting times before being eligible to apply for citizenship been raised at all by Immigration Voice?? Currently one needs to wait for 5 years after being granted permanent status to be eligible to apply for citizenship. Now, considering the current backlog and the fact that Congress has mandated processing times to be much less than what we are experiencing, has the issue of getting credit for the lost backlog years in the citizenship process been raised? As I explained it to a friend the other day: This is becoming a retirement program - over 5 years at labor cert + another 4 at USCIS + 5 years waiting period + 3 years citizenship process = 0ver 17 years before we can cast a vote in this nation to which we contribute economically, intellectually, and socially. Not to forget that we are the ones doing things by the book and following the law on immigration.
gc_bucs
11-17 03:44 PM
Sent the message
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