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  • maag
    05-30 12:12 PM
    Thanks Marty for all the advice.




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  • GCBy3000
    05-03 05:12 PM
    With Sen Cornyn Bill, I do not think PD should be current to file AOS.




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  • surabhi
    04-23 10:18 PM
    Guys one more perspective:
    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.



    Its not ideal world. I have personally experienced both types of desi companies. Some one has commented about hardships of Desi employers that they cant scale beyond 50 employees, lot of competition etc.



    The reason they cant scale is they cant think beyond immediate future. When I suggested your ex-employee could bring you business, it was termed as long term sort of non-practical thinking. No wonder why many desi employers are where they are.

    Overwhelming majority of desi employers that remain in staffing business havent learnt anything about running business. They are middle men not adding value to employee or the client. They thrive on fear, anxiety in employees and scare tactics created by contracts that they know are unenforceable.

    What they dont realize is it takes 1 disgruntled employee who has nothing to lose and is willing them to take to the cleaners.




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  • amitjoey
    07-09 06:02 PM
    Which is fine but the order by ground shipping will probably reach a week later.

    Oh!!, That's no good. Anyways, lots of florists have same day delivery for real flowers. So lets stick with real flowers, If I had a choice, I would send them fake flowers.



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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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  • EndlessWait
    03-25 03:14 PM
    Are we going to see the bulletin move to 2002,2003,2004,2005 ? in the next year .. wow its backed up 7 yrs..



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  • mchundi
    05-03 12:08 PM
    [CENTER]The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)
    [/LIST]Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.


    Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
    Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
    --MC




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  • madhu345
    05-06 07:05 AM
    The only one thing the nonimmigrants should aware of Mortgage is they can't expect 100% finance, as per my lender we need to make at a minimum 10% down.

    -Madhu
    Very well said GCBy3000.
    I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?



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  • TomTancredo
    11-26 02:08 PM
    Hello

    I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
    Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?




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  • desi3933
    06-26 02:01 PM
    EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.

    https://www.oig.lsc.gov/legis/irca86.htm

    SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.

    EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.

    IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.

    Two different things.

    However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.


    _________________________
    Not a legal advice
    US citizen of Indian origin



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  • satishku_2000
    06-09 03:21 PM
    I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:




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  • arc
    08-13 03:02 PM
    Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?


    Mine is 485 only my 140 was approved earlier, but mine is EB3 - PD 08/2006 what is your PD? Did you get the FP notice?



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  • Rohan99
    10-12 12:42 PM
    Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.

    3rd july people should call now and I am definite we all were sitting in same box.


    What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....

    Receipt is from NSC



    I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
    Hope every one of us will receive our receipts, EAD and AP asap.




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  • sankap
    07-10 04:58 PM
    @chanduv23:
    Folks, here is what I am able to gather by self employment

    (1) One can be self employed
    (2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
    Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines (links above)

    (3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
    (4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
    That's *your* interpretation of "legitimate." If you're self-employed and looking for contracts, your business is "legitimate." Since there's no clear definition of that from USCIS, DOl, IRS, we can *assume* your self-employment in similar occupation is legitimate. If you've a business, you can't guarantee biweekly/monthly cash flow--again, no guidelines from USCIS on that.

    Correct me if I am wrong



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  • r_mistry
    02-07 11:32 AM
    Actually You have to PHYSICALLY present in Canda for 2 years in a 5 year period since the date landed.

    Hi Lasantha,

    Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.

    Thanks again !!




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  • GC_Optimist
    10-27 10:38 AM
    Congress is going to meet on Nov 13. after the elections.



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  • saturnring11
    07-22 06:53 PM
    I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.

    To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."

    Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.

    EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.

    I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.




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  • mhkumar
    02-17 02:37 PM
    Contributed $50 using PayPal. Transaction #: 8J0428685R296325F




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  • eb3_nepa
    08-13 05:01 PM
    I got my I485 receipt notice today. Our applications are delivered on July 2nd.

    Receipt Date: 07/02/07
    Notice Date: 08/06/07


    Did you get this notice or did your lawyer? Do you have an I-140 LUD update?




    anzerraja
    07-19 08:18 PM
    Thanks !

    Very much. We only need 640 guys like you to step forward and get this done.
    $101 from me




    paskal
    07-09 11:57 AM
    [QUOTE=desi3933]� 245.1 Eligibility.
    (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.


    [Emphasis added for clarity]

    this clause is very clear
    the last one posted did not say you cannot apply
    only who can actually be adjusted....



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