Monday, June 27, 2011

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  • mirage
    03-06 03:10 PM
    Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him

    1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
    2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.

    He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...

    I urge you guys to contact your senators & Congressmen/Congresswomen

    We have a group which is focusing on this issue, if you want to join us here's the link




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  • Libra
    07-11 09:02 PM
    viewed 56 but only one rating so far, come on guys, rate the video on youtube..........and post some comments toooo




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  • ski_dude12
    08-20 12:40 PM
    My words exactly...

    He should be happy that his case is atleast being looked at unlike others who really have no clue when it will be picked up.

    Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
    It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.

    I think you will leave the boat before me, good luck.




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  • mariusp
    05-07 09:02 PM
    They almost always take some kind of FPs. What I mean is that there are 3 biometrics codes. Code 3 is the most comprehensive, where they take your photo, signature and all ten fingers FP. Check your notice in the upper right corner, there should be a box that says "Code".

    I got biometrics notice today. Will they take FP also on the same day or Will I get another notice for FP?



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  • mita
    08-08 08:37 PM
    Has anyone with approval from 08/01 received welcome letter or card? My husband's I485 was approved on 08/04 but no letter or card yet. Also, mine and my son's cases are still pending, opened SR and will take infopass next week.




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  • zoooom
    07-20 02:32 PM
    Zoooom, Anzeraja & All pledgers,

    Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.

    It was amazing to see such response to call for funds for Aman and other core members.
    So whats the verdict..Do we ask all the members to donate towards the core fund..Anzzeraja what do u say...SAM??



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  • YesGC_NoGC
    11-21 11:13 AM
    Mehul,

    We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.

    Best Regards

    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul




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  • krishnam70
    07-05 02:03 PM
    There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.

    I think you need to read the grounds on which AILA and other think there is a strong case again. You dont understand the basic issue.. yes they can change the bulletin any time they want, that is perfectly within the law and yes they are not bound to pay compensation. However the fact that in making the dates current overnight and adjudicating so many cases in such a short time and actually requesting a visa # from DOS etc etc are all contravening the law and thats why there is a strong case..


    see this thread in IV for more info
    http://immigrationvoice.org/forum/showthread.php?t=6063
    cheers



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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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  • RandyK
    11-21 02:45 PM
    Mehul,

    I don't know what to say, I have been thinking all day about what you may be going through.


    Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.

    Like many here suggested, get a 2nd or 3rd opinion.

    I hope and pray that you will find that inner determination to fight back.

    We are all behind you!



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  • leo2606
    12-27 10:50 PM
    IOs at TSC are responding to the enquiry of your case i.e they give info about name check status.
    But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?




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  • bottlemani
    12-10 11:13 AM
    Living off the wealth others have created?? What are you talking about? Also, this issue is not just about programmers. It is about doctors, scientists, engineers and several other qualified professionals. Do some fact-checking rather than being a nitwit. Go take a walk.



    Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?

    The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.



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  • vdlrao
    09-10 02:18 AM
    Hello,

    Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?

    If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)

    Ya I presume your assumption is right regarding EB-2 forward movement. But on a whole the EB-2 India/China dates havent forwarded up to my predictions. But we could expect a steady and consistent movement of EB-2 India/China ahead.




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  • saimrathi
    07-13 06:36 AM
    Is this posted somewhere? Is there a link?

    Just woke up to NPR morning news ... nice coverage on the July bulletin.



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  • Jimi_Hendrix
    12-13 11:54 AM
    I posted to topic "My concern- Skill in 2009"...then came proud american..derailed us off track and then we forgot our route....now back to the route....what action are we talking to intorduce this Eb interm relief Bill in senate in Jan..I think we need an input from Core members about how to proceed here..

    Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
    Better yet a skillfull person writing this and all of us using this...


    Target is to intorduce the EB interm bill by End of Jan

    Yes let us get back on track. Core members please respond with comments about interim relief in January.




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  • pani_6
    08-18 01:48 PM
    DO NOT post such baseless allegations.

    IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.

    Curious Techie..Core is you and me and dont post such things..but for the core EB-2 would not have been in a postion that it is today..they worked to get this done...you can request them in thier next meeting to bring this issue with USCIS\



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  • eastindia
    02-22 09:11 AM
    Anyone still depressed?

    Then come to lobby day in April or contribute money for it.




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  • dpp
    07-28 03:09 PM
    As far i know in the whole world, nobody thinks about the group unless it is beneficial to himself(herself) first. This is natural human mentality, there is nothing wrong in it. Only exception is "Saints". I don't think we are Saints.

    The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers

    No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!

    Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.

    Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.

    Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...

    Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?

    Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?

    After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.

    I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?

    Peace!




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  • gc_bulgaria
    09-24 04:22 PM
    Hi,

    Today I received the recipt notice and EAD card production ordered LUD
    Looks like things are moving:D

    EB2 ROW (cross charge)
    PD 1/11/07
    I140: 8/22/07 SRS (Texas)
    AOS/EAD/AP: 26th July to Nebraska
    Receipt: 9/24/07 from Texas
    EAD Card production: 9/24/07




    Hello_Hello
    02-08 04:17 PM
    I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...But you watch Indian TV and see him everyday? :D

    Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.




    immigrant2007
    09-10 12:20 AM
    IV:

    What are plans and strategy for EB3?

    We all morons wont still learn, we will still start prediting for next visa bulletin hoping that a reincarnation of god will ome and deliver us visa numbers.
    Unless we all make a collective effort no one is going to listen to us. I know the fate of my post we all people are busy to get our post noted or express our opinion that we have lost our fous of what our main problem is. I think we deserve this perhaps I dont think if we continue like this we even deserve GCs.



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