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  • Chris Rock
    09-24 12:32 PM
    Some do not like Porting; some do not like Spillover allocation. And some do not like the interfiling. Remember, interfiling is like porting too.

    Porting is the law right now. It is not easy to change the law these days.

    Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.

    My 2 cents.




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  • abq_gc
    08-18 03:08 PM
    Think Once again,

    Processing application based on Priority dates which is applicable to Any Employement (EB1, EB2, EB3) or Even family categories, with respect to Quota for that catagories..

    Again as Somebody mentioned Earlier, its not going to get solved in 2-3 Months, So this will be helpful only from Futuristic purpose.

    Its Vision problem, But this can't be solved by Lawsuites, It needs discussions, Negotiations and Communication, By Who have access to USCIS representative. In a Nutshell IV or AILA Kind of group, need to bring on their agenda, if they think its in Best interest for everybody.

    Simply put i am used to standing in queue to Buy Coffe, and somebody gets priority I feel i've been bypassed.


    Agree with you completely... and I would like to add one more point is this unnecessary classification of EB-1, EB-2 and EB-3... we are all highly skilled among our respective fields.. and I don't think this classification does any justice... but I very well know this wont be solved in 2-3 days... so no use talking abt it.. i guess




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  • dtekkedil
    07-05 01:44 PM
    This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.

    Any takers?

    By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.


    Can anyone familiar with using paypal accounts come forward? I personally have never used them (except to donate to IV) so I would not be a good choice. That person will have to publish the nicknames (people can use whatever names they want if that is possible!) and the amount paid by each person at the end of the day.

    This will help our cause... I believe more people will come forward if we do this. Of course others still have the choice of doing this individually as well!




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  • anilsal
    11-21 05:41 PM
    I have read it someplace in a forum or an article long time ago. I will not be able to locate the source.

    But a good lawyer will have information on this.

    Mehul, thank you for coming forward with your situation on the forums. This will enable you to not only get support from IV members, but we will certainly do our best to help you out.



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  • simple1
    05-01 11:54 AM
    jchan,

    I believe, the family quota is not very farbehind. Defiantly not 4 years.

    Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.




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  • harpomarx
    09-09 11:22 PM
    All 9 of my checks for myself, wife, kid were cashed on Friday.

    Filed at Nebraska SC July 6th (sent July 5th).

    EB3 RoW
    PD Oct 2003.



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  • senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • mhtanim
    03-18 11:31 AM
    No FP yet either.



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  • akhilmahajan
    02-09 05:23 PM
    Thanks a lot Rajeev and coolpal.

    Grand Total - $599

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.




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  • coolman
    10-04 03:07 PM
    Applied on July 19th,NSC..no news yet..



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  • sankap
    07-09 11:58 PM
    @desi3933:

    1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?

    7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

    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".

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

    Sankap -

    Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

    1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

    2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

    3. I-140 is for permanent and full time job only. See Page 5 of
    http://www.uscis.gov/files/form/i-140instr.pdf

    4. Also, read this. It says 'Permanent Employment'
    OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


    5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

    6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

    7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

    8. Most of the full time exempt jobs in this country are permanent in nature.


    ___________________
    Not a legal advice.




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  • santhi_krishna
    08-13 11:10 PM
    Did you get this notice or did your lawyer? Do you have an I-140 LUD update?

    My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.



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  • vikasgarg24
    07-20 02:33 PM
    Freinds

    Do not fight we are EB2/EB3/EB1. This is law and instructed by politicians. Divide and rule.

    Same thing they did and now and you see the result in IV forum where people fight that create below category

    1.Based on educations (US masters/US bachlors/Non US masters/Non US bachleors etc etc)
    2. Based on experience - US experioence non us experience
    3. EB1/EB/2 EB3
    4. L1/H1/b1/b2
    5. Family based
    6 etc etc

    If you count the division you can say based on heights, color, marries and non marries status etc.

    So stop fighting based on politicians category and help IV to goahead and fight for all.

    I personally feel when you fight you have success for one group and no success for other group. So do not feel that EB2 are getting beenfits. I myself is EB3 and expecting GC by 2026




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  • raj2007
    04-24 05:16 PM
    I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.

    Your case is different becasue you filed your I-485 with them. Here he has not started 485 at all.I don't know how he can maintain good relation with them. Some employer are too torugh to deal and same goes with some employees too.



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  • jsb
    10-30 02:11 PM
    My current employer is not willing to provide copy of I-140. I got EAD in 2nd week of October 2007. Can I change job using AC21 without copy of I-140 from current employer. What are the documents I need to change job using AC 21? Thanks in advance for your replies

    Who filed your AOS? Your I-485 filing has to include an approved copy of I-140 and LC. Since I-485 is your filing, you can ask the attorney to give you a full copy of the filing (including I-140 and LC).




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  • mariner5555
    05-01 02:51 PM
    Didn't Logfren ask that question to USCIS during last July?
    no idea actually ..did she get a reply ? ..yes. I remember something like this was posted ..does anyone have the figures ? last year EB3 - I got 19,000 ..visas ..that is correct, right ?



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  • JunRN
    08-29 03:17 PM
    NSC's receipting up-date is like fooling us around. It seems to me that if they touched one application with a date - July 24 - then it will declare in the Receipting up-date that it is already processing July 24 cases and yet, they are not yet finished with July 2 to 23 applications.




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  • twinbrothers
    07-09 05:08 PM
    All:

    I am driving from Los Angeles to Bay Area on Friday (13th) evening to join the protest. I can accomodate 3 people to join the protest. You will have to find your own accomodation. Only those who are seriously interested in going for the Immigration Rally will be given a ride. I will be leaving from Pasadena, CA around 7 pm. If you are interested in this , please email me at twinbrothers@gmail.com.




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  • Siddharta
    03-23 06:31 PM
    ...... because my AOS got filed last year, I made the decision to let go of my canadian GC.

    How did you let go of it. Did you have to tell the canadian consulate and send in your passport for them to remove your visa. I will be hitting the 3 year mark end of this year.




    brb2
    10-05 02:26 PM
    If Democrats win CIR will be passed including relief for legals. But since USCIS will be deluged with (no surprise - no money to tackle the load) it will be an "unofficial retrogression" which Texas service center has always had. A lot of people with 01 and 02 priority dates were "current" for a long time, then it was incompetance and delays at TSC, later it was retrogression.

    If republicans win (slim chance they will hold on to the majority in both house and senate assuming Foley scandal does not cause much more damage) then CIR is in the waste basket. Though Agjobs will come back because labor shortage is causing havoc on fruit farms and fruit is rotting on trees. Skill bill is guarenteed, but very little legalization for illegals.

    Some people here seem to have a lot of hopes on the Democrats. But the proceedings of the CIR bill showed likes of senators from ND (which by no stretch of mind is affected by illegals!), CA (Diane), IL (Obama) how much they were against legal immigration. Other than Cornyn and to some extent Specter I did not see much sympathy for the legal immigrants. Even the Hispanics have realized Obama is against legalization and are now reconsidering support for him.

    As to some ones request to remove posts critical of one or the other political party - as long as the discussion is civil, there is nothing wrong in analyzing the situation and predicting the future. If anything, those Democrats who are subtly anti-legal immigration will realize they are drawing new immigrants (who are traditionally democratic at least initially) in the arms of republicans.




    diptam
    06-22 04:46 PM
    Its good that would mentioned clearly that 485 even can get DENIED without employer letter.

    My employer told me earlier during joining in 2005 that ther will pay for all costs of GC (LC,140,485) now its seems like I have to pay my employer to get the essential documentations for 485 - What a Irony !!!

    Green card - Huh :D

    You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.

    YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.

    The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.

    Read this memo page 2 item # 3 :

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.



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