Monday, July 4, 2011

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  • AirWaterandGC
    05-09 02:25 PM
    I had asked about this earlier too. Can one buy a business and sponsor others om H1-B when one is on H1B ?

    Will someone please respond ?

    Thank you.




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  • gondalguru
    08-18 09:52 PM
    Hello Guys,

    I filed on july 7th and still waiting.
    My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).

    Do you think my EAD will get stuck because of this? I hope I did right thing.

    Is any one similar situation

    Thanx

    I am in exact same situation too. The notice date for EAD renewal is July 7th, 2008. I-485 pending at NSC and EAD applied at TSC. Still waiting. I am current as my PD is EB-2 India 9/2004.




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  • singhsa3
    08-18 03:09 PM
    I will help you in this but do us all a favor and don't reply to any more messages....
    People all Jokes apart!
    We got a real problem on hand....
    Shall we proceed at all or not???. I am more than willing to handover the reign to anyone who wants to take this to fruition....




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  • vinabath
    04-23 03:34 PM
    any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter

    why in the beginning he chose a desi employer and signed a non-compete clause?
    why did not get his H-1 done with PF?

    every one( desi employer and h-1b employee) have weaknesses and strong points.

    H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.

    I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.

    I thought of starting a desi consulting firm and realised it is a lot of pain.

    Desi employee

    1. wants 80% and may be 90%
    2. bare h-1 cost
    3. bare gc cost
    4. bare insurance cost
    5. pay salary on time
    6. pay umemp, ss taxes

    in addition to the time employer has to spend time to do all the above tasks.

    end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.

    end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.

    it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.

    how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.

    every knows how the game is played.

    another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.

    another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL

    another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.

    I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.

    Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.



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  • InTheMoment
    09-03 02:13 PM
    Your Welcome Notice serves as your approval notice. There are only two envelopes that one gets and you got both (Welcome Notice and Cards envelopes)

    I got the welcome notice in mail.
    I got the cards in the mail.


    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?




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  • Legal
    07-28 10:18 AM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.

    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?

    I know only of Java coffee:). I promise you Ron Hira wouldn't be interested in my application.

    It looks like EB2-EB3 having overlapping qualifications is a major source of frustration for you. I have similar issues with EB1-EB2 overlaping qualifications.



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  • anzerraja
    07-20 08:56 AM
    Thanks vkallank !!!

    I have updated it just now.

    anzerraja , i am unable to access the excel sheet at work. if possible please update / i shall do it tonight.




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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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  • SunnySurya
    08-18 01:17 PM
    Again folks! please think hard, what can be done ???? (other than filling lawsuits)




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  • PDOCT05
    08-28 09:54 AM
    I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
    I have counted my self from diff forums and seen around 10+ cases who got their RN's.



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  • amitjoey
    07-11 07:08 PM
    I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
    I quickly signed up on this site and sent the flowers to be delivered yesterday.

    Welcome to IV, what a way to know about the flower-campaign.




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  • PrashantChandran1978
    09-19 02:16 PM
    Please update me when ur cheques got encashed and when got receipt notice, my application is also received by k.lawson (NSC on Aug 6 07/EB3)



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  • morchu
    05-08 02:36 PM
    :) my point was, regulations and interpretations are meant for the exact situation. Anyway I am also done in this topic. I have no personal interest on either EB-quota or FB-quota (why am i even here... nhaa?).

    Thanks for a healthy discussion though.

    we are talking about inclusion logic here. Not the exclusion logic.




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  • raju123
    05-23 09:49 AM
    I emailed all Senators using aila's web site



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  • amitjoey
    11-17 03:45 PM
    Done




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  • somegchuh
    05-05 05:39 PM
    I think H1Bmajdoor isn't taking a depressing tone. It's more of a realization tone.

    I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.

    Here's a little history of GC process I know...
    back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.

    Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.

    Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.

    I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.



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  • dhesha
    08-27 12:05 PM
    Yesterday we got our cards for myself and wife. Good luck to all who are still waiting.




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  • SunnySurya
    08-18 01:23 PM
    NO LAWSUIT DISCUSSIONS PLEASE

    Reason:
    Lawsuit takes time , energy and substantial money.
    You have to prove harm to the affected party due to the actions of the government.
    It needs a champion.




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  • aquarianf
    04-25 10:27 AM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.




    franklin
    07-07 09:59 PM
    Macaca,

    Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum

    Franklin here - don't worry Macaca I just like reminding people occasionally when things get out of order :)

    I couldn't make it unfortunately (short notice and had, ironically, my FP appointment at the same time in a different city). But I'm glad that some people did.

    I guess I'm the unofficial coordinator of Nor Cal I just get conference calls together every now and then :rolleyes:




    mariusp
    05-19 05:34 PM
    Try to call the service center directly, e.g. call at a time when the service center is open. The 1-800 number will transfer you automatically and you should hear something like "welcome to NSC/TSC, etc...". If the service center is closed and they transfer you to the national customer service something you can hang up because they're useless. All they know is to open SRs which get routed to the thrash bin.

    I did exactly as in the post above, except for the part where I tell them I'm "depressed" (they probably figured I was anyway :)) and I got my FP notice three days later. I got a soft LUD right after the call, which is a good indication that the IO actually did something. If you don't get an LUD call again the next day, and the next day,..... eventually you'll run into someone who can help.


    i had call several times open service request 3times but no help finelly i took infopass and went to atlanta to see io he fineally shedule me for 28th may but i have not receive appointment letter yet .
    do you think i will receive letter ?
    after fingerprint i will see lud or not?
    i am july 2nd 2007 filler and my pd is november 2005 row , my visa is current now so what will happen after my fingerprint to my file?
    will they put back again somewhere storage place or they will finished my fille work?



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  • krishnam70
    07-03 12:14 PM
    The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
    good some people are taking notice and doing it.. lets keep it rolling and hope atleast few more add on.. cmon guys its just 35$ after all these years and so much money spent what is 30+ bucks.. I promise I will contribute to IV also regularly... make the noise.. and make sure this thing is mentioned in the blogs too so if people miss it here they will read it there and respond...

    good idea prashant




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  • gc28262
    03-07 11:02 AM
    Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..

    Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
    Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).

    Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.

    IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.

    How does putting a cap on total visa allocation per year promote diversity ?




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  • Mohit_Malkani
    09-14 06:01 PM
    As of September 14, 2007, USCIS has completed data entry and issued receipt notices for applications and petitions received on or before the dates indicated:

    California Service Center
    Form Number Date Received

    I-130 8/08/2007
    N-400 7/26/2007
    All Other Forms 9/06/2007



    Nebraska Service Center
    Form Number Date Received

    I-131 7/29/2007
    I-140 7/29/2007
    I-485 Employment
    Based 7/29/2007
    I-765 7/29/2007
    N-400 7/26/2007
    All Other Forms 8/05/2007



    Texas Service Center
    Form Number Date Received

    I-131 7/19/2007
    I-140 8/13/2007
    I-140 concurrently filed
    with I-485 7/19/2007
    I-485 Employment
    Based 7/19/2007
    I-765 7/19/2007
    N-400 7/16/2007
    All Other Forms 9/11/2007



    Vermont Service Center
    Form Number Date Received

    I-130 7/29/2007
    N-400 7/25/2007
    All Other Forms 9/4/2007



    USCIS Lockbox
    Form Number Date Received

    I-485 Family Based 8/30/2007
    TPS 8/26/2007



    TEXAS center is catching up!!!!:D




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  • alterego
    10-05 12:11 PM
    Firstly let me say that the Dems taking the house is the only hope I see for change near term. If the Republicans take it then they will feel vindicated on their stand and stick to it especially in view of the current unpopularity of Pres. Bush.

    Democrats normally sing the tune of organised labour on such issues. Organised labour is clear that they want the immigrants that come not to be exploited. In otherwords, if you let them come then treat them well as they are now part of the labour pool. This idea has some intrinsic merit. If you analyse things, it is usually during the long drawn out protracted green card process that unscrupulous employers take the most advantage.

    Indeed the deluge of illegals will be a blight on the processing times, however without visa numbers there is absolutely no hope for EB India in the near term anyway. We have to hope for the lesser of two evils now.

    Sen Byron Dorgan is always on Lou Dobbs show. He does not represent the majority view of the democratic party. I think he is making all sorts of noises to fight for his political life.



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  • gc28262
    06-28 01:02 PM
    Java Developer with Websphere (U.S. Citizen and Green Card Holder) jobs - Dice.com (http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/8/1/81e683aef75162fdf78440e5f0d831c5@endecaindex&source=19&FREE_TEXT=Citizen&rating=99)

    Title: Java Developer with Websphere (U.S. Citizen and Green Card Holder)

    Skills: Java Developer with Websphere

    Date: 6-8-2009


    Description: **********U.S. Citizen and Green Card Holder Only*********


    Interview Process: In-person interview after telephonic round.

    Bachelor*s degree in Computer Science, Information Systems or related major (preferred)
    - 7+ years of enterprise-level programming with multiple technology platforms with a concentrated focus on Websphere Portal (v6 and above) and Java development (required)
    - Experience working with projects of moderate to high complexity (required)
    - Strong understanding of Portlet technologies and practical hands-on experience developing and delivering JSR 168 Portlet solutions. (required)
    - Understanding of emerging standards such as JSR286 (preferred)
    - Ability to customize WebSphere portal themes and skins (strongly preferred)
    - Exposure to AJAX development (preferred)
    - Proficiency in Native Java, J2EE, JDBC, JSP, Multiple browser development (IE 6/7, Firefox) (required)
    - Experience in web development technologies including Javascript, HTML, XML, XSLT, CSS (required)
    - Experience deploying portal applications using XMLAccess (required)
    - Working knowledge of web content management concepts (required)
    - Working knowledge of workflow concepts (required)
    - Troubleshooting skills * ability to resolve technical issues through research, debugging and investigation as well as the ability to multitask, prioritize, show initiative and respond quickly in a fast paced environment (required)
    - Sun Java Certification (preferred)
    - Exposure to Logging code, Log4J, Ant Scripts, JUnit (preferred)
    - Knowledge of Eclipse, RAD or other IDE*s (preferred)
    - Microsoft SQL Server (Versions 2000 & 2005) development, including SQL Server Integration Services, and administration (required)
    - Deploy and manage application on WebSphere/HTTP Server (strongly preferred)
    - Experience with Lotus Notes, as well as developing and integrating Lotus Connections (to include the configuration of Connections Portlets on a page) within a Portal application (strongly preferred)
    - Proven ability and willingness to learn new open source middleware technologies
    - Graphic design skills and knowledge of tools such as Adobe Photoshop (preferred)
    - Experience with Adobe ColdFusion (Version 8)(strongly preferred)
    - Demonstrated ability to work independently on assignments (required)
    - Occasional overnight travel (required)
    - Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)

    GTRAS Inc. is Equal Employer Opportunity Company

    Email resume at stephen@gtras.com




    Stephen Smith
    Gtras, Inc
    Phone: (703) 342-4282 ext: 113
    Web: http://www.gtras.com (http://www.gtras.com/)




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  • immigrationmatters30
    11-17 06:30 PM
    Done



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  • texcan
    08-25 01:49 PM
    PD Aug 2004, EB-2 India
    I-140/I-485 applied - August 2007 at TSC (non-concurrent)
    I-140 approval - March 2008
    Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
    Self EAD applied - August 2008 (received receipt notices)

    Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.

    I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!


    Congrats on EAD renewal. Enjoy and relax; please donot get in habbit of worry for anything and everything.

    Anyways, paper based ead renewal donot require finger prints. Search the forum, this has been stated many time.

    chill




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  • dtekkedil
    07-02 11:51 PM
    The Honorable Emilio T. Gonzalez
    Director U.S. Citizenship and Immigration Service


    20 Massachusetts Avenue, NW
    Washington, D.C. 20529



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  • bheemi
    06-21 02:02 PM
    I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...

    I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..

    any thoughts about this?




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  • EndlessWait
    07-20 11:41 AM
    So pls contribute.

    I pledge $100.



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  • snathan
    02-25 10:03 PM
    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.


    I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.




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  • gcgonewild
    09-15 05:38 PM
    I 've sent pm.. please update the google doc.



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  • PHANI_TAVVALA
    02-14 03:38 PM
    Web Accept Payment Sent (Unique Transaction ID #3D549434CG194093F)

    Original Transaction
    Date Type Status Details Amount
    Feb 14, 2011 Payment To Immigration Voice Completed ... -$50.00 USD




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  • gvenkat
    09-10 03:47 PM
    Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).

    I feel IV has to concentrate on EB3 now. Period.

    It's simple. USCIS needs to understand it's just a plastic card and nothing else. People who have applied are going to be here no matter what.The return percentage is going to be less.

    The sad part is we are treated as citizens on all aspects. Social security, Medicare, Taxes, etc. etc. But not in the real sense. So US should realsise its after all a card and some benefits to the people things wont change. No amount of lobbying to fix the whole problem is going to help. The effort has to be concentrated just for EB3-Indians. Then we can expect some relief. Becasue we are talking about people who have been wwaiting for more than 8-10 years.

    In India Lifesentences in prisons dont last more than 14 years. we could beat that record here. :)



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  • ras
    11-22 02:44 AM
    It's definetly a shock and an usual post on these forums. I am spellbound by the support you are getting from the forum members. I am seeing the humanitarian attitude all around praying for your health. This should bring change about the way you think about your health. You are fighting against an enemy- the prognosis you got from the doctors. The only option left for you is winning against the enemy no matter what it takes. The foremost thought you should inculcate is that you are winning against the enemy. That's it. I believe the will power will definetly take you out of the fatal disease.

    I know it is hard but try concentrating more on your health than other things including your family members. Hopefully generous IV members will do something for your family which probably can be done in our limits. Whereas it is you who has to fight against the disease and so you got to take care of your health first.

    My best wishes are with you.




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  • vicks_don
    04-21 09:48 AM
    Job title - doesnt matter but your job duties or job description matters.
    Your job description should not change from PL//SQL developer to J2EE or something drastically.
    Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
    Finally I am not legal expert , confirm with your lawyer.
    Good Luck

    If I get a RFE on Salary comparision would that be a problem as my salary would increase more than 30%. Will they not take into account that my salary should eventually go up with my years of experience ?



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  • pd052009
    11-17 03:28 PM
    Sent to Sen. and Rep. of NC.




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  • buddyinsd
    08-26 02:36 PM
    All the wait for nothing? SUCKS BIG TIME

    May be avoid and defer..




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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.




    Be_Pragmatic
    08-06 11:11 PM
    My Wife's & my AP expires on 11/16/2008 and she is coming back to the States from India on Sep 9th 2008, I'm assuming her I94 would be only issued till 11/16/2008. We are then planning to apply for EAD/AP renewal , that is, after Sep 9th 2008 and my question is what is she doesn't get her renewed AP approved before 11/16/2007 (which again I'm assuming would be the date on I94 valifity) and would that make her out of status? I hope this helps




    InTheMoment
    08-10 09:37 PM
    Congratulations !! Wish there was a "welcome kit" buddy ... but all you will receive is an I-797 ...welcome notice :)

    All:

    I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.

    My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)

    As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.

    WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.



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  • sanjeev
    06-18 10:49 AM
    Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?

    Lawyer had given me a tracking number.




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  • miapplicant
    10-01 03:56 PM
    WAC means CSC?? We applied on July 23rd at NSC and no news yet:(




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  • Natalie Portman on the Red


  • gcnirvana
    07-20 11:59 AM
    Thanks Zooom, for starting this thread. I've mentioned about IV Core's selfless service in our 'Thanks' thread couple of days ago but didn't know about the magnitude. $64k is helluva money and its just not right coming from one pocket to favor thousands of others. Aman and other core, day by day you raise above and beyond our imaginations as a leader and guide. We assure you that you will not pay another single dime from your pocket.

    I pledge $100 to Reimburse the core team now and more later.

    Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
    Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
    For that I suggest we give this thread good two days to develop and check other members responses...
    So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
    Guys: Its good to see response...Pls reply with the text "In" and the amount.

    Members,
    I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
    http://www.businessweek.com/bwdaily/...eek+exclusives

    ========================
    Message from Pappu:

    Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.

    "Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"




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  • venky08
    12-18 06:59 PM
    They say that you become what you think most of the time. Do you really think good things about yourself? Try to develop a habit to see silver lining to anything in life...it will take you a long way not only with GC stuff but other issues which we have to deal with day to day.
    Cheers!



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  • newuser
    05-09 08:43 AM
    E-mailed the letter to white house.

    http://www.whitehouse.gov/CONTACT/




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  • Natalie Portman on the Red


  • h1techSlave
    06-29 07:58 AM
    The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.

    As per I-9 form
    Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.


    ___________________
    Not a legal advice



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  • test101
    07-08 12:08 PM
    I think more than anything we need organization. We need group of volunteers that focused on different tasks. for example a group of people call congress and follow up and post updates.

    group of people lead the flower campaign and anther group wrk on informing the media

    there should be a group organize the rally and contact people to sponser.
    Again avoid the 21 of july because the media would cover HP book instead of the protest.

    here is gazalion post of the same subject.. we need organization

    Guys I am looking at this thread for the first time today and want to put some comments:

    1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.

    2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.

    3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.

    BUT, you know what we are missing?:

    1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?

    2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?

    3) No usage of the library notice boards.

    4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?

    I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.

    Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.

    As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.

    P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.




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  • amitjoey
    07-09 04:51 PM
    I really believe, that for this flower campaign to hit major news media, and make it a success, we all need to talk about it outside of IV, talk to reporters, email the pdf, and ofcourse talk to other friends of ours, let everybody know this is happening.



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  • reddymjm
    06-08 04:21 PM
    I am waiting for the check image to laod. will take an hour or so.
    It will start with LIN-07-177-5XXXX. It will be SRC if it is Texas.




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  • mchatrvd
    09-11 01:39 PM
    I think it is about time for IV to think and make $25/month minimum fee for accessing this site. IV needs money to lobby to sort GC mess out. At the same time we need serious people ready to volunteer and donate. That is the only way out. We do not need people discussing SRK and Vonage on this site. We might reduce website hits by doing this but at least we will have ust have serious members who actually want to volunteer and work for IV.



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  • geesee
    08-18 02:32 PM
    The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!

    I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.

    You made me laugh :D




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  • googlegc
    08-25 07:48 PM
    California Service Center.
    GooglgeGC, which is ur processing center?



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  • vbkris77
    05-01 03:41 PM
    Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.

    There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).

    But my friend, CIS has a very very thick skin... So the only language they understand is suit.




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  • willgetgc2005
    10-18 12:12 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.

    __________________________________________________ ___



    IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change



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  • GCBy3000
    06-05 10:03 AM
    Is there premium for I485?

    My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.




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  • krustycat
    09-28 10:16 PM
    Hi,
    Here is my case. My lawyer sent the papers on July 5th. and the package were received at NSC by F HEINAUER. We're a family of 4.
    I have a LUD on the approved I140 on 07/28/07 (TX).
    Rest of the details you can see in my signature.



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  • dba9ioracle
    09-19 01:35 PM
    As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.

    I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.

    8/12/08 - Approval Notice sent email
    8/18/08 - Approval Notice sent mail (post)

    Congratulations..




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  • tikka
    06-06 05:50 PM
    All guys who is able to file or have filed for I-485. Please contribute to this good cause. Please help our other friends..
    I know some of our friends who already have green card contributed..

    Guys please give gift to IV now.. Thanks.


    needed to reach the target for today!




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  • ArunAntonio
    07-09 03:01 PM
    I think we have list of email ids of the reporters of various newspapers somewhere in the threads, if we post that list here people can mail them about this effort. Any one have that list?




    sanhari
    08-24 02:27 PM
    Anybody have any update or heard anything on the visa recapture bill HR5658(111th congress)?




    GCVictim
    08-14 09:18 AM
    Yesterday, My lawyer sent me receipts for my EAD, AP and my wife AP.
    Now I am waiting for my 485 receipt and my wife 485,EAD receipts. How it is possible without 485 receipts, I got EAD and AP receipts.

    Any idea?