Wednesday, June 29, 2011

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  • atlfp
    05-02 06:59 PM
    If they can work out a deal with Bill Frist then the bill can pass Senate as a byproduct of CIR. The bill is so short that they can basically pass it within 10 minutes as long as Bill Frist bring it onto the table.




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  • vkjanam
    02-11 04:20 PM
    Here is my txn id.

    6AC8222127337981C

    thanks




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  • gsc999
    07-07 12:21 AM
    I am impressed with the Chinese!

    Ask the Chinese (and everyone else) to stay tuned (and join) your meet whenever it takes place!

    BTW, thanks for getting rid of msyedy! What a relief without the spectre of msyedy!
    ---
    - Macaca, yes, I will do that.
    - I am thinking about approaching Phillipino organization for their help to gather more attendees. If any Philipino member is reading this or a Registered Nurse, please provide me with a contact in Bay area. Chinese, Philipino and Indians are the most impacted nationalities.
    - Last time in San Jose, during Guttirez meeting, I met a family from South Africa. Please stay tuned if you are reading this.
    - I know we have members from Britain
    - It would be great if we can showcase a multicultural group
    - Please call out if you feel left out and have contacts in Bay area.
    - During the march which is tentative for 14th July, I will have some T-shirts with Immigration voice print. I would like to auction them to provide funding to IV. ( Pappu, please let me know if this is a good idea? If yes, let me have a design print in case you have one handy, otherwise I will go for plain and simple)


    ps: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?




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  • kartikiran
    09-10 11:25 AM
    I hope this is true. I am getting tired of waiting for visa bulletins.
    Anyone close to my priority date out there?

    pd2001_12...i can understand your pain. In a usual gregorian calendar date terms, my pd might be close.

    But in USCIS Retrogression calendar terms, I might be millions of miles away from your priority date...:mad::(:confused:



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  • eb3retro
    01-31 12:25 AM
    Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...

    So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man

    dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains

    so venkat, i have a qn for you? only people who studied here, got opt and h1 are the brainy people huh? In your opinion offshore people working here on H1b is cheap ass? Could you please enlighten everyone here as to how come you came to this conclusion?




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  • v2neha
    09-05 01:02 PM
    My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:

    We CANNOT do any thing, when I called USCIS, IO said they can't do either.. wait for 60 days. BS


    sparklinks - I got card production ordered email today and LUD on EAD cases online. I sent a request for inquiry thru immigration staff of my Senator (Sen. Kennedy - MA) three days ago. Not sure if that had any role to play in EAD approval.

    Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.

    Good luck.



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  • joydiptac
    07-21 03:42 PM
    On the one side you have the EB2. Earning more, and better educated. Clearly more important human beings to IRS and society. On the other we have EB3 Junta trying to get what they think is their right to spillover.
    Now I understand all your points and agree with all of them.

    Only 1 question :D why is IV not fighting to increase the regular (non spillover) quota for the clearly better category EB2. This is clearly not fair such super humans having to share same numbers as lower categories. Lower categories should go to Bombay where there is one apartment which is still empty.
    Or better still get rid of the EB3 category altogether. Problem is solved! :D

    You know you guys are really funny. :D




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  • shantak
    02-03 05:23 PM
    I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
    Thanks



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  • n2b
    08-13 11:29 AM
    Ok saw the Receipts - The ND is 8/4/2007 (they are working on Saturdays)




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  • anukcs
    09-02 11:33 PM
    Received 'Card Production Ordered' email for my EAD few minutes back. Had received the same email yesterday for my wife. AP was approved for both me and my wife on 7/24. RD is 6/19/08 and ND is 6/23/08.

    I am now relieved since I am currently working on EAD and current EAD expires on 10/4.

    Regards,



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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (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. 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. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always 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 the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, 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?

    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".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.




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  • mrajatish
    05-02 11:37 AM
    The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.



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  • royus77
    07-08 03:08 PM
    by the way,
    lawsuite and all will never get us to a point where we want. nobody can force
    the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.

    I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.

    better focus on contacting senators or house members to get some legislative relief.

    i dont understand how come the 2000-2001 will be get injustice if USCIS made the dates current . For them to process these new batch atleast it will take 6 months by that time 2000-2001 will be out of BEC and PD rules at that time




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  • venkee
    07-20 06:30 AM
    I pledge $100



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  • makemygc
    08-02 10:00 AM
    /\/\/\/\
    Bump

    Just checking if anyone in this thread got his/her check encashed this morning.




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  • paragpujara
    08-09 07:44 AM
    Yesterday status got updated for me and my wife as below:

    Current Status: Approval notice sent.

    On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Hope I will receive GC soon. Haven't got CPO mails/status yet.



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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (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. 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. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always 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 the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, 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?

    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".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.




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  • vjkypally
    11-21 12:57 PM
    God Bless Brother. Entire GC and everything else is so meaningless in front of what you are facing. Please keep the faith.




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  • viveckj99
    10-02 06:58 PM
    I am adding my name in the list.Filed on July 16 at Nebraska signed by R Pitcher,till now no Receipt.
    Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    viveckj99

    If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.




    delhiguy
    07-08 05:57 PM
    It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.

    It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).

    But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.


    After reading your example about the GC i am very positive now, about the lawsuit




    lasvegas
    02-05 04:10 PM
    I google'ed and came across not-so-good information about this.

    http://www.immigrationportal.com/archive/index.php/t-188813.html

    or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:

    Any more light on this aspect?


    Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?



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