Monday, June 27, 2011

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  • rockstart
    08-20 08:59 AM
    My final update on I485 journey

    PD: Feb 27, 2006
    Class: Eb2 India
    Service Center Texas
    Filed Aug 10th 2007
    RFE Aug 16th 2008 for Birth Certificate
    CPO email Aug 4th 2010
    Decision email Aug 5th 2010
    Approval I 797 letter in snail mail Aug 9th 2010
    Post Decision Activity email Aug 11th 2010
    Soft LUD on I 485 Aug 12th 2010
    Welcome Letter in snail mail Aug 16th 2010
    Physical Green Card Aug 18th 2010

    PS: I did NOT open any SR or contact seneator or ask lawyer to get in touch with USCIS. Just waited patiently. Did my Finger Printing in October 2007. No FP after that did paper filing for EAD & AP so no FP for those as well. My advise is to hang in there. Not to open too many SR's but thats entirely upto your discretion. Some people swear it helped them for my case I did not use that option.

    Hope this date line helps those who are waiting for their cards. Good luck to every one on forum. I will still be supporting IV and contributing to Wiki as always.




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  • lazycis
    11-30 09:03 PM
    My prayers are with you, man. Do not lose hope and fight for your life! You condition fits a reason for expedite processing. Fax expedited request to the service center where your I-485s are pending. Attach supporting documents. Call the USCIS customer service, they will tell you all the details, including fax number for this.




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  • stldude
    08-13 03:10 PM
    Guys
    Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28




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  • gondalguru
    08-06 08:36 PM
    People with soft LUD on I-140 on 7/13 are getting their I-485 approved from TSC. Nothing concrete but a trend. Hope for the best.



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  • arnab221
    12-16 12:31 PM
    Soilders returning from voilent conflicts have the Post Traumatic Stress Disorder( PTSD ) also called as Shell Shock . I coin this term "Pre Green card Stress disorder". or Pre Green Card SHock.

    Dr Sanjay Gupta who seems be an immigrant himself has spent lots of hours researching "Shell shock " maybe we should send him this new term to research .

    And last but not the least , Relax . Staying here is not the end of the world .We came here we tried very hard , if God forbid we fail . I personally do not mind one bit to go back to my motherland . Remember if US is teh present then India is the Past and India will be the future . Thats where all the action is now and will be in the future .

    Sorry If my last paragraphs hurt the feelings of any die hard members . I was just expressing my way to reduce the tension and stress that is associated with the GC process .




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  • glus
    06-04 11:11 AM
    e-mailed my 2 NY senators with a personal letter explaining the problem in the new immigration bill. Requested changes to be made.

    G



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  • KanME
    07-20 12:44 AM
    I am all for it...


    i will contribute $100..




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  • sathweb
    01-30 03:34 PM
    My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.

    To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.

    sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.

    Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.

    I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.

    (I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)



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  • TomTancredo
    11-26 02:53 PM
    I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.

    I have copy of that letter but it mentions the title and salary no job desc.




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  • GCStatus
    09-15 12:21 PM
    I appreciate your spirit, although I don't agree with your belief that you own the thread or the messageboards by the virtue of your creating a thread.

    What I posted was a plea to introspect (more so as the first anniversary of the D.C. rally approaches) - it was in no way dismissive of your efforts, or an effort to ridicule or demean your thread or its spirit.

    Not sure why you felt the need to be rude - being firm and clear about your goals is a sign of leadership, and being blunt may get you some more brownie points. However, brash/rude behavior is not a substitute for that clarity and firmness, imho - particularly with those who may be working towards the same goals as you are (albeit coming at it from a different angle).

    All the best in your endeavors, my friend.

    jazz


    I dont own anything - Its all WE. Its WE

    Apologizes if it hurt your feelings - Goal is NO negative energy here. Period.

    Please join us in this effort



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  • ns007
    05-23 01:19 PM
    Done




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  • ganguteli
    03-06 05:18 PM
    For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
    http://groups.yahoo.com/

    While it is temptig to start an agenda item and group, I do not think time is right. You may end up too muchg attention in the bad economy and anti-immigrant atmostphere. It is better not to go on offensive and instead work on saving your job.



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  • reddymjm
    05-02 03:44 PM
    openarms,
    maybe there are not enough EB3- I cases in the queue ;) ..well one of my friends did get his GC during last fiasco ..eb3 - I, pd 2003. ofcourse there is no unity ..it is every man for himself (And hence save as much as you can while you enjoy life)..and hence don't worry too much ..GC will come when it has to (my friend told me that once ..and I found those words comforting) ...see few of the threads nearby ..people are content talking about dots (I guess since they know nothing will ever happen due to our actions :-) ..and I sort of agree).


    I also guess there are not much cases of EB3 left, atleast till PD dec 2002. Jun filers who ever did not get their GC last summer or fall will be waiting.




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  • pa_arora
    06-22 05:16 PM
    Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.

    BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.

    My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.

    Good luck.



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  • 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,




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  • anzerraja
    07-20 10:17 AM
    Sam2006,

    Looks like you haven't filled in your pledge amount. Could you do please ?

    Thanks
    Anzer

    nice job guys

    I think we should extend it till monday atleast



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  • neelu
    05-23 01:23 PM
    Sorry Guys........wrongly posted my 'called senators' in this thread.
    Thanks Amit.




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  • FrankZulu
    08-25 12:39 PM
    Folks

    Can anyone advise on what docs to take along for an Infopass appointment?

    The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.

    Thanks for any advise and guidance.

    Photo ID (Lic. or PP)




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  • 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?




    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.




    shantak
    03-31 03:27 PM
    Well after you enter the receipt notice, automated service gives you the information and then you can press the option that you did not find any info and then it will connect to a rep and tell him to open an SR
    Atleast this is what I did

    service rep. I tried calling could not find a way to talk to somebody to create SR. Can anybody help? What are sequence of numbers after calling 800 number...

    Thanks.



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