Wednesday, June 29, 2011

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  • CHHAYA
    11-18 09:11 AM
    Done.




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  • saimrathi
    07-10 01:47 PM
    not sure, what the flowers will accomplish.. time will tell.. but writing to Senators/Representative may help.. so please do write to the senator/representative in your area...


    Hi Guys,

    I send a letter to senator Gregg(NH) Last week about July Visa Bulletin reversal by DOS and how its going to affect all individuals who filed their 485 based on original Visa Bulletin published by DOS.

    I Just got a call from Senator's office. He is sending a letter to DOS today or tomorrow asking about July Visa Bulletin reversal.
    I will post DOS reply as soon as I hear back from senator's office.

    Moral of the story is time for action when iron is hot.

    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 !




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  • sai948
    04-05 11:30 PM
    I opened a SR for non receipt of my FP notice, on 30Oct2007. I got a reply from USCIS exactly after 45 days ( very prompt) notifying me that " my FP has not yet expired or my FP is not yet cleared". Certainly this looks like a canned reply from USCIS which was sent even without looking at my file. I guess they should be more transparent in their process than just sending plain lies.

    I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).



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  • kumarc123
    05-08 03:53 PM
    So who is the leader who is responsible of DOING stuff with that money when I contribute

    You are the leader, because your are paying for it. Instead lets maybe assign a florist, we pay through google pay have them deliver the flowers too Dc or Obama administration for living up to their promises and how USCIS is promoting racism. Obama just came out with the article on how education is important and how unemployed people should consider going to college and state departments should offer help.

    We should question in our conquest, is this what president is referring too? Is this what this nation wants?


    Please lets make this happen! Lets find a florist and we can place our orders.




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  • buddyinsd
    08-26 02:58 PM
    OK Thanks. And any recent LUD on 485 and already approved EAD (such as 08/21/2010 as most of us got)? Just trying to derive some pattern here...

    60 days



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  • sweet_jungle
    11-07 01:13 PM
    Thanks much.

    What is the email address that you sent this to?

    prakash.@dhs.gov




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  • pappu
    10-18 10:38 AM
    PAPPU,

    I think we all understand we are in this together. No doubt.

    A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.

    I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
    this is a good (or a bad ) idea and suggests what to do, our members will be energized.

    For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.

    Also, the same letters signed are ready in an envelope to be snail mailed.


    So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.

    Thanks.

    __________________________________________________ ___

    Your idea is good and I would encourage you to go ahead and send such letters to lawmakers. Any effort that is in line with IV's agenda and helps us in any way will be helpful to all of us. IV endorsed efforts are listed in action alerts page. If you choose to go and meet the lawmakers we have put together all information for this purpose
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36

    as a policy we are only focussed on issues faced by high-skilled legal immigrants waiting in line for their greencards.

    When the session starts I am sure based on where the issues are going and after consultation with QGA and within core team there maybe some action alerts that involves contacting lawmakers.

    Your efforts sending letters to lawmakers will certainly help us in raising awareness and preparing groundwork for coming months.



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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.




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  • Lasantha
    07-03 08:02 PM
    Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!

    EB2 category

    I did not get an approval for the 485 so was thinking what the process was here. Am I not supposed to be getting an approval notice in the email before the "Card Ordered" message came through ? I hope everything is over now, it was a long 51/2 years wait and just when you loose hope in the whole process this message turns up in my Inbox. I love this site and will continue to support it in whatever manner I can
    :)



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  • gdilla
    03-09 04:31 PM
    Why is the US the be all and end all of your life and career? Is Canada out of the question? It's not always rosey up there, but schools are just as good if not better than US, generally safer and less xenphobic, and they will welcome and appreciate your skills; pay you a fair wage (that through hard work and good relationships you can ratchet up over the years), and welcome your family. CAD is going up. US dollar is going down.

    Did you know that most large, publicaly traded, US hi-tech and financial juggernauts have thriving offices in Canada (to take advantage of high skiled quality workforce)? Intel, HP, Agilent, Cisco, Microsoft, IBM, AMD, etc. Start applying. And guess what, if you really pine for the start and stripes, you can work your way to a transfer back on an L1 visa which may up your EB category and reduce your wait time.

    http://www.cic.gc.ca/english/faq/immigrating-5.html




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  • psaxena
    09-10 07:23 PM
    YOu are a USELESS fellow. Thats right.. Immigration voice core are the ones who are doing whatever they can for you thankless idiots like YOU!!

    Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.

    BTW keeps your "2 cents" to yourself. I hate reading the post like these.

    In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.



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  • asethura
    08-23 12:53 PM
    Hi Greatdesi,
    My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
    Hope this helps.




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  • DSJ
    06-26 02:17 PM
    Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose

    I have dealt all options with my employer ...

    They will give me "Employer Letter" ASAP but i have to sign a letter that i'll work with them for 1 year after getting 485 approval.

    What does it mean - Indirectly i have to work with them till 485 approval ( which could be 3 yrs easily) plus another 1 year ??



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  • hsingh82
    05-08 03:33 PM
    I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.


    "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race".

    I liked these, how about we send copies of our degrees, W-2's (-ssn) and resumes with one of these to Obama to prove the point that we actually are highly skilled people?




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  • vkt3142
    09-08 12:18 PM
    TSC EAD Paper filing for me and spouse.

    EB2 India/ 06-06
    RD 7/10
    ND 7/14
    AD 9/5



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  • venkee
    07-20 06:30 AM
    I pledge $100




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  • vbhup2
    02-01 11:10 AM
    Contributed 100 dollars.




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  • desi3933
    06-22 01:36 PM
    Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

    If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

    Thanks,
    Jayant

    P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!

    >> "No, employment letter is absolutely required...", well, it is not.

    You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.

    Do NOT confuse Current Employment Letter with Employment Letter for GC job



    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002




    maag
    06-07 10:28 PM
    Well, its ones own point of view. My point of view is, a bird in hand is better than two in the bush. Worst case, they'll revoke ur 485 but cannot deny u re-entry to the US based on ur H1B. But if u r on EAD, I'm not sure. Once u r back in the US, u can always dispute the denial by canceling ur Canadian PR and submitting the canceled documents alongwith ur dispute as proof which should definitely put ur GC application back in the reckoning. Again, the question is, is it worth taking the risk? Well, it is...because u didn't get ur Canadian PR just by sitting at home. U did the Finger Printing, U did the Indian PC, U took the english test, U did the medicals, spent so much of ur time, money and energy in the process. Now, by just foregoing all those efforts do u wanna have 100% hopes that ur GC wont be rejected and lose out on ur Canadian option as well? Think about it.


    I dont have H1B stamp and i have already used AP, what if they revoke my 485 and ask me to go for stamping and i get stuck for month to receive clearance, i dont know any one in canada and staying in hotel and waiting for clearance could cause me 1000s of $ , not to say, i will not get my pay because my employer didnt do my canadian PR.

    I agree, i did spend a lot fo money doing canadian PR process, i did hire a lawyer to do all these and cost me $5000+ but I guess its not worth taking the risk and losing all my savings, I think this is called destiny, being so close to something still not able to get that, meaning it was not meant for me....




    PDOCT05
    10-08 10:15 AM
    I am still waiting?



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