Monday, July 4, 2011

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  • nksfl
    08-26 12:34 PM
    We have been waiting for more than 100 days. We applied exactly 120 days before our current EAD was going to expire. When I called USCIS (after 90 days) , Customer Service told that that don�t have our finger prints in file. I never got any notice and my lawyer said they don�t need finger prints for paper filed application and they should use I485 finger prints. So I took the infopass appointment. IO was nice and he was willing to listen. He said the same thing (missing finger prints). I showed him the fingerprint receipts from last year and also showed the USCIS memo talking about interim EAD. He said no to interim EAD. But called Texas Service Center right then. Person on the other end offered to call back in 5 minutes and he did. IO came back and told us that there was some thing wrong at their end and they will port my finger print information from 485 to EAD application. But he said it would take 10 � 15 business days more. Our current EAD were expiring soon and I called congresswoman�s office next day. Got the approval email yesterday evening. Don�t know what worked. But what a huge relief.

    EB-3-India (March 2003)
    Labor Approved: Oct 2006
    I-140 approved � Jan 2007
    I-485 applied � June 2007
    EAD (Renewal) applied � May first week 2008
    Called USCIS and Opened SR � August first week
    Infopass at local uscis office: Aug 20th
    Called Congress Woman�s office: Aug 21 st
    EAD Approval email: Aug 25




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  • newuser
    05-23 12:14 PM
    Are you using a webfax or a fax machine?

    Thank you, finished emails.
    Starting to fax now.




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  • akhilmahajan
    02-25 03:52 PM
    Thanks for your insight and observation.
    Do you believe in what IV is doing?

    If Yes, i will really appreciate if you can contribute and help us in any way. This is an organisation run by people like me and you, who have full time jobs and have families also. If we all can take out some time out of our busy lives and try to help IV, then everyone will know about IV.

    When we say we need to convince people, which is ridiculous, as i am 100% sure, everybody knows whats going on. We all are suffering and are here fort he long haul. If still people dont want to do anything, then no one can help us.

    So, Thanks a lot for your insight and help IV to help yourself.

    GO IV GO. TOGETHER WE CAN.

    Lack of convincing power that IV will do something. Lack of trust in IV organization. Lack of advertisements. lack of communication.

    How do successful organizations ask people to donate money? There is something to be learned. If the cause is right (we all know it is) then its a matter of delivering this message that will get people convinced. Lot of charities get donations. How? I think that is what we need to learn. Most desis are not even aware about this organization. I bumped into it via google search for my immigration answer. So lets throw some ideas around for better advertisements.




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  • anilkumar0902
    09-14 11:36 AM
    Nebraska



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  • pappu
    10-06 08:08 AM
    On the topic of �getting some of our measures during lame-duck session�, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it�s encouraging. see following:
    ================
    From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
    http://www.yaledailynews.com/Article...rticleID=33577
    The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.

    =======================
    This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:

    The Road From Here:
    On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
    ====================

    your comments / speculation / educated guess.......??...

    yes true. there will be efforts during the lame duck session from both sides. However it will not be easy as it seems. We need everyone's support to prepare ourself for this session now. This is the reason IV has started its drive to increase its membership and funding. we need to look tall when we will speak to lawmakers about our cause. It should show that we are representing 1 million high skilled immigrants stuck in backlogs and retrogression.




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  • gc_eb2_waiter
    11-30 03:51 PM
    Please check your message.



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  • sbabunle
    06-26 02:54 PM
    Its pathetic people are calling each other racists. Guys
    we have an uphill task in front of us. The only chance
    of winning is that stay together and work together.

    There are 200000 members for NumberUSA.com. How much
    are we? Meagre 5000. And we are calling names ourselves it
    wont go too far.

    Please remember every single day the citizens of USA
    are turning against immigration more and more. It would be
    really difficult to get the things we need from the law makers.




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  • smaram1
    08-21 04:19 AM
    Can you please let us know the long list of Do's and Dont's..That would provide a lot of info...

    Thanks



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  • jaihind
    04-24 12:39 PM
    Folks

    Is there any link to contribute to help his family ??

    Let me know please.

    Bala




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  • surabhi
    04-23 03:50 PM
    Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.

    In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
    Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.

    Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.

    For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.



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  • tonyHK12
    02-24 03:30 PM
    deleting...




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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.



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  • dtekkedil
    07-04 06:57 PM
    Can someone with a paypal account come forward and take over a fund? Anyone with a paypal account can donate any amount using a nickname and we can publish the nickname along with the amount donated on this thread. That way we have accountability and also have a better idea of how many flowers we can send. That person with the paypal account can then order the flowers on Saturday by the latest.

    Others, if they want, can send the flowers on their own also.

    Just a suggestion... If we can do this, I believe more people will come forward!

    Anyone who has donated to IV should be able to do this...




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  • delax
    08-20 09:36 AM
    FYI - for those approved and waiting for cards in the mail! Here are the details for self, spouse and child - all approved at the same time.

    CPO - Email recd on Aug 11 saying CPO on Aug 9.
    Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
    Aug 13 - Soft LUD
    Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
    Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.



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  • gjoe
    10-08 02:33 PM
    What is wrong if people want USCIS to process EB based I485 strictly on PD as per the law. You may claim that is what they are doing, but it is not true all of us know that. This whole thing is working like the GC lottery with more complexity.
    I would say IV should make PD based processing as the top most priority in their agenda. This is the simplest thing that can be acheived. Asking USCIS to follow the rules is not as complex as lobbying for ending GC backlog.
    People coming up with points of legal stay and other things are just frustated with the system, they want something which is more predictable in the current process not just eliminating GC backlog due to visa numbers.
    Asking people to attend state chapters and asking people to contribute is ok, but trying to shutdown peoples thoughts just because they are not the same as someone elses in not right

    Excuse me for being a little blunt...but

    People really need to stand up and see what it takes to bring about change. People are loathe to drive 10 miles and attend a state chapter meeting, and you want to overhaul a system to the extent that you get credit for time/experience in US?

    I am not saying its a good or bad thing. What I am saying is, what you are asking for is a major overhaul. GC is driven by A PARTICULAR POSITION offered by A PARTICULAR EMPLOYER, where its proven that NO US CITIZEN WAS WILLING, QUALIFIED AND ABLE TO do the job. How can your previous job get you credit for such a position and petition driven GC process? If you want that, then system needs major change where GC is not drive by one particular job offer from one particular employer who sponsors you.

    So basically, you are looking for a RADICAL change in the system. Nothing wrong with dreaming, but kindly show some friggin activity and effort on your part before putting up new ideas on forums.

    Otherwise if you are sitting around and

    1. Offering new innovative ideas for GC reform on forum posts that lawmakers dont read.

    2. Never go to lawmaker meetings in DC or locally or attend any local meetups of IV.

    3. Cancel recurring contributions as soon as your EAD card shows up in your mailbox.

    Then please, keep your really creative and excellant ideas to yourself. Because Ted Kennedy is not going to change the system and give you credit for working here since 1999 or 1929 and reset your PD to 1999 or 1929 BASED ON YOUR BRILLIANT IDEAS on forum posts.




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  • coolpal
    08-01 02:32 PM
    my 485 app was delivered to NSC on 2nd @ 8.26am..
    my 140 was approved from TSC.... and no reciept or encashed checks yet!

    But are we sure, all our applications will be transferred to TSC? I've heard that the new rule that the apps should be sent to TSC or NSC based on state u live in is gonna take effect only from this week....

    thanks,
    pal :)



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  • Openarms
    03-10 04:32 PM
    Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
    I disagree

    1) Mr.Obama (Change) alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs right.. just because of economy is bad that does not mean people stop eating and kids stop going school.

    2) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eleminate this huge backlog)

    3) IV says they have agenda but nobody knows what thier laundry list is.

    4) We need to work for lifting this country quota ... this is the only way out.




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  • nozerd
    03-08 07:44 AM
    Just forget about GC and save as much as you can to take back home. Treat US the same way Indians treat ME.
    Just take your fortune with you. If the GC comes then great, if not thats fine too. You are going back home with something - hard cash.

    Remember US $ 210 K is nearly 1 crore rupees.




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  • NIW
    11-22 12:46 AM
    I was shocked to read your post and tears rolled on my cheeks. But I admire your determination to achieve your goal. Oh my God! You are a different kind of guy, Please don't lose your hope. I really don't know what kind of cancer and what stage are you at but I believe miralcles do happen. We all will pray for you. We wish you the best. I really want to say so many things but I don't know how.

    All I say is God bless you my friend, Keep fighting and never give up.

    An unknown friend




    Administrator2
    11-17 08:06 PM
    just
    1,747 Letters and Emails Sent So Far

    :(

    Leo,

    Just so that we are clear, please note that signing online petitions doesn't mean anything if there is no matching advocacy. Timing of the activity is also very important. In the end, advocacy and grassroots effort must compliment each other at the same time. The website you are referring is an advertisement website. Its not a resource for serious advocacy effort.

    The Congress is right now focused on DREAM Act. If we just say "Erase Green card backlog", it will mean nothing. But there is a chance if we send specific targeted message asking to include specific provisions in the bill that appear to be moving (i.e. DREAM Act in this case), and IV is complimenting this message with the advocacy on the ground.

    Just sending random email from some online advertisement for profit website does not mean anything. We think that some of these websites are just collecting your Email and Home Address, which they could sell for making profit.

    Immigration Voice would like to request its all members not to send out random messages from advertisement websites because such messages are out of sink with reality. Please participate in the well defined and targeted 'Action Items' on IV.

    Team IV




    sodh
    07-10 01:25 AM
    Can someone give me Michael Moore's contact and I can gaurantee you that his next movie will be on USCIS and DOS.



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  • santa123
    09-10 09:54 PM
    In India Lifesentences in prisons dont last more than 14 years. we could beat that record here. :)

    Thats why US has advance parole, whereas in India - it is just parole before the end of life sentence...:D




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  • delhiguy79
    07-22 12:25 AM
    Has anyone done Landing and did next day H1 stamping at Canada?

    Thanks in advance




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  • arunkotte
    10-24 05:17 PM
    Lame duck session is conducted with the current members, so the result of elections does not effect lame duck session but The next congress will.




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  • paramhans
    08-27 12:04 PM
    Infact he says LUD on 21st was an indication of approval.



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  • Macaca
    07-09 12:21 PM
    We need to define immediately available.

    Now lets see how the above LAW (including immediately available) was followed in the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when .27 = 140K = 37,800 GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.
    10K+ GCs were returned in 2006 but soma (??) categories were not available.




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  • mhtanim
    07-15 01:00 AM
    When did u apply for your ead? i am in the same boat and have filed for paper based EAD. hope to get my fp notice soon.

    I applied for my EAD and AP renewal on the second week of May 2008. Again, I am not sure if EAD or AP renewal triggered the FP notice. Good luck to you.



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  • cool_desi_gc
    08-26 06:53 PM
    Looks like the EAD CPO email is based on the category EB3 or EB2.I have seen EB2 people that applied at the same time as a EB3 and the EB2 folks are getting approvals.

    I have applied on Jul 10th and there is nothing for me.I have see atleast 4-5 people who have filed at the same time as me or even after me and got approvals.

    Is the EAD renewal also driven by

    1) Labor PD
    2) The fact that you are current or not as per current bulletin.

    Apart from your category ?




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  • Karthik Thambidurai
    07-13 07:57 AM
    NPR news coverage on July 2007 visa bulletin

    http://www.npr.org/templates/story/story.php?storyId=11945381

    :)



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  • rtarar
    07-02 08:37 AM
    Sent on Jun 30 to reach on 2'nd July.




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  • gccovet
    07-24 04:01 PM
    you are aware that you can get temporary ead issued from local uscis office if its taking more than 90 days for ead to arrive?

    Hi,
    That's called intrim EAD, which, I have mixed feelings about, somewhere I read , USCIS stopped providing intrim ead july 2006.
    But somewhere (i don't have a link) I read they started again. I guess, I will try to get infopass and see how it goes.

    Thanks though.

    GCCovet



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  • babuworld
    11-21 10:44 AM
    Dear Mehul,

    I am shocked my seeing this news. I will pray for you and your family. I dont know what to say in this time when your support for your family is needed the most. God bless you and your family.

    babuworld.




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  • bobbydalal
    07-20 05:04 PM
    guys can i say something instead of showing our true colors we all should join force and for one common reason that is getting our green cards done.I have been here for last 13 years and am still awaiting my green card as my eb2 application got denied as my employer showed loss in the year opf filling my petition and then i became lazy and didnt file in eb3 category but now finally i amd awaiting the pd so lets all get together and get greened.



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  • mahujam
    07-28 12:54 PM
    Received by USCIS on 12th June.
    Lud on 18th June.
    No receipt received. Found SRC number through cashed check.
    No further movement yet.

    Eb-3/India/17th Jan 2003.

    Just got email. No card yet.

    Current Status: Card production ordered.
    On July 26, 2008, we ordered production of your new card

    update:
    Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
    The lud happened on 7/27/2008.




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  • vdlrao
    09-10 12:50 PM
    How can contributing $1000.00 to immigration voice solves this problem? You are telling like a swami's in India, give me money I will do some pooja on your behalf and all your problems will be solved.

    The money is not for me or for the Immigration Voice but for the lobbying to make the uscis or the government understand how the employment based GC system is outdated, and how the people who came to usa with an American Dream are being played by the rules not for days or weeks or months but for years and years. And procrastinating their American Dream because of the limitations they have during the GC process.


    Active participation or contribution of 10 or 20 or 100 people wont be any effective unless and untill we all do it collectively.



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  • morchu
    05-08 03:46 PM
    Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.




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  • gondalguru
    07-02 08:58 AM
    Robin Williams? Are you sure it didn't go to Hollywood!

    USICS has hired the hollywood actors in order to clear backlog. Now most of those celebrities have lots of experiences of giving signatures to fans, uscis has assigned them the mail receiving clerk's duties.



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  • gk_2000
    02-09 09:03 PM
    You can do it through the IV site. Click the Green "Donate button at the top of this page or from home page. It will display the following options from which you can choose and it will take you to paypal.
    Remember to login first to IV. Image attached. There is a link in my signature which points to the same.

    Ok, now I am a recurring donor...




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  • minimalist
    01-30 07:24 PM
    You effing ahole.. Are you following any news lately? See how many states are trying to take criminal action against those who made such loans falsifying the documents. The ones who "made" the loans collaboarted with the borrower to bring up stated income.

    If you always "do the rght thing", for your way looking down on all others , you should go kill yourself. That is the right thing to do for the way you live without compassion, not being able to make an argument without calling names, death for you is the right thing. So, tell me how is that "right thing" coming along.

    Do some introspection and tell me that you never done a wrong thing in your life. Then we can discuss further, if you are ready to have a civil discussion without calling names.

    FYI, I haven't done what the original poster is being flamed for , but I understand why he may have done that.


    Don't confuse between taking legal risk with doing something illegal. You must be an idiot to think they are the same.

    Poeple that sold $500K home to those who make $40K were not doing anything illegal. What they were doing was irresponsible. It is the guy that was making $40K, but lied on his application that he was making $80K that is the criminal.

    And your assumption is that we are complaining about unethical behavior because we are in the US and we think that everyone in the US is ethical? How stupid are you? Sorry to burst your bubble, but we do not think so. I, and many like me, think we should do the right thing no matter where we are, here, India, or elsewhere.




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  • sanjay
    02-09 02:34 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.

    I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.




    english_august
    07-10 01:45 PM
    Her name is Ritu Jha and she wants to speak to someone from the New Jersey area. Please call her at 732-246-5500 by 3:30 Eastern.




    Caliber
    05-01 08:55 AM
    thanks akred for refering INA. I went through it now

    In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    IV Core. Can something be done to highlight this issue in your conversation with authorities ?

    This is good idea. But Family GC's have a wait queue of 10-15 years. Only immediate family members of Citizens does not have queue.

    But this is a good point to note when our Lobbyists discuss with USCIS.



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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.