Saturday, July 2, 2011

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  • JunRN
    09-12 03:58 PM
    Some delay could be in the postal office and in your lawyer's mailbox...I'm a July 31st filer and already got my Receipts....it seems that the USCIS Receipting Update is true in my case, but not for others who are still waiting....




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  • venky08
    12-18 06:16 PM
    The ideas and concepts of releasing your unlimited potential can only be turned into reality if you take bold action now. Wishful thinking will not make your dreams come true. . If you want to be free your thinking must control your limitations instead of your limitations controlling your thinking. Look at your life for a moment! What do you see? Do you see opportunity, love, happiness, success and fulfillment? Or, have you mentally set up restrictive limitations? If so, the fact that you have declared yourself a prisoner will make you a prisoner. Once you make up your mind to be free and declare that you are �sick and tired of being sick and tired,� you will be motivated to make necessary moves toward liberation. The truth is, you will remain where you are only as long as you hold yourself prisoner. There are only �ordinary� people who have decided to do �great� things. These are people who are motivated by a burning desire to be free in order to express their unlimited potential. Instead of blaming others for their condition, they took action to change their situation.

    Hope this helps someone somewhere...

    it certainly helped me...thanks for posting this...




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  • neverbefore
    08-29 11:57 PM
    take your 485 and 140 receipts.

    Just thought I will share my Infopass experience.

    I had an appointment at 1:30 pm in LA. Reached there in time but had to wait at the tail of a long line despite first asking the security person about the location of Infopass entrance (assuming there was one).

    The same guy announced after 10-odd minutes that Infopass people should follow him to a door and so we did. The clerk at one of the windows inside took a long time and then asked us to take a seat and wait to be called.

    We got called in 10 minutes and this clerk now said that for our case, we needed to be sent "upstairs" but since it was already past 2 pm and we had "so many files" (3 to be exact), we needed to book yet another appointment for an earlier time slot! Impressive!

    We have done that now and hope to get some insight next time around. Funny that nothing about 2 pm is mentioned anywhere when booking an appointment for Infopass.
    :rolleyes:




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  • bmoni
    05-02 12:43 AM
    Hey,

    Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....



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  • maverick_joe
    05-02 10:49 AM
    :D shhhhhhhh, ppl who got into IV after Apr 2007..please dont express your views...


    Who did not even know about IV till Apr 2007 are talking here.




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  • akhilmahajan
    02-09 12:12 PM
    Thanks a lot. Please ask your friends and family to also contribute.

    GO IV GO. TOGETHER WE CAN.



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  • vinnysuru
    04-18 07:28 PM
    Hi All,

    I have to do the landing before june, 2008.

    I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.

    I am planning to do the landing in last week of may via Niagra falls. (toronto)

    anyone with similar status done landing please share your experience.

    Thanks

    Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D




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  • jsb
    11-26 03:17 PM
    I have copy of that letter but it mentions the title and salary no job desc.

    Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.

    Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.



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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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  • JunRN
    09-12 05:53 PM
    My lawyers sent all their applications to NSC, irrespective of where I 140 was processed. In reality i dont think there was any directive from USCIS askingthem not to do so.

    Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
    my I140 was cleared in Texas. So far nothing.

    Its good to hear July 31st people getting updates.. gives me reason to cheer!!

    A


    Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.

    Hopefully, your Receipts will come soon.



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  • grupak
    07-30 11:10 AM
    As other have noticed, I also got two emails. One on July 29 other July 30 about the case.




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  • sairam
    07-04 04:14 PM
    Mine was delivered at 10:25am on 07/02/2007. Priority Date: Sep 2004.



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  • GCStatus
    09-16 04:36 PM
    http://www.immigration-information.com/forums/showthread.php?t=5701

    GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.

    Thanks for this great note, Map boiler. Just think alone for a second, what your comment has contributed, if at all it did.




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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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  • ragz4u
    05-04 11:58 AM
    I am having trouble attaching it here and will get back to it soon




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  • h1techSlave
    05-01 02:40 PM
    Didn't Logfren ask that question to USCIS during last July?
    actually the other question is why doesnt Murthy or IV asks the USCIS (whenever they get a chance to meet) ..to give a breakdown of the 485 pending by category by country. one would hope that atleast someone in uscis has access to such reports .. any idea, thoughts ??



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  • bheemi
    06-21 02:04 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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  • gjoe
    10-08 03:46 PM
    A rich man had a bunch of horses and donkeys. He used some to carry the load and some he tried to breed for participating in races. He was trying something but not very effeciently.

    When we have a mix of people like in this forum, you will see different people, different thoughts, ideas and talent. A leader with patience can put to use more than 90% of the resources (members), if he knows what he/she is doing. No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. Trying to get everybody to do the same thing is never going to work. Please don't mistake me or take offence. All that I am saying is "Horse should be for races and donkeys should be for carrying the load" In no way the donkey is inferior to the horse or vice versa.
    BTW I work for the goverment and I know a little bit more than what you know about it. I am not saying this to belittle you but just mentioning my opinion


    Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.

    Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).

    Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".

    These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.

    When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.

    So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.

    Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.

    So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.




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  • svanb
    12-18 06:51 PM
    Hi,

    All the posts above are good coping measures, and some are used to actually deal with depressive symptoms. However they have missed the MOST important one! You used the term clinical depression. Please if you truly feel that way seek help, and seek it now, talk to your doctor or to a councilor. Though I won't go into details, I am speaking from personal experience. Sometimes things build up so much that we slip into such a state where we go beyond sadness and frustration and move to true depression.

    From a site on depression: Depression is a disorder that affects your thoughts, moods, feelings, behavior and even your physical health. People used to think it was "all in your head" and that if you really tried, you could "snap out of it" or just "get over it." But doctors now know that depression is not a weakness, and it's not something you can treat on your own. Depression is a medical disorder with a biological and chemical basis.

    Sometimes a stressful life event triggers depression. Other times depression seems to occur spontaneously with no identifiable specific cause. Depression is much more than grieving or a bout of the blues.
    Depression, true clinical depression, is nothing you can cure with a trip to somewhere else, or having people point out to you how much better you are off than this person or that one. I am linking one of many sites that are out there, please read it and if you really do have the symptoms do what it suggests. Or Google "Clinical Depression" (beware of sites trying to sell drugs, usually easy to tell as they tend to recommend their drug as the only solutions.):
    http://www.mayoclinic.com/health/depression/DS00175

    Never be afraid to ask for help! The state of uncertainty can eat away at all of us and undermine our self confidence.

    To all that are here; May all our dreams come true, our green card and our futures! The positive supporting words you have offered are always a help and a light of hope.




    pyaradesi
    07-20 10:02 PM
    I have a question reg. the unfair vertical spill devised by USCIS when allocating the visa numbers after the initial allocation is completed.

    If the country needs EB1 categories first then the EB2 categories and then EB3 then why did they allocate equal numbers to all the three categories initially. If they needed more EB1 or EB 2 compared to EB 3 numbers they should have given 3x of numbers to EB1, 2x of numbers to EB2, and only 1x or less than that to EB3 when doing the initial allocation itself.

    Its only due to some genius person's invention that USCIS decided to implement vertical spill over instead of doing a hoirzontal spill over of the numbers which will be fair.

    Now the EB2 folks are going to comeback and say that EB2 deserve more rights and all that blah blah aka the fight people give whenever somebody tries to remove the unfair quota system in India. Grow up and behave like an educated person.

    You can say that EB2 folks earn more... give me a break I know many EB3 folks who earn atleast 2 times more than whan an average EB2 guy earns. Its just a matter of luck(in the current scenario) that a person got applied in EB2 or EB3 category

    You are taking it personally, this is not a question of you being skilled, deserving, fair skinned, blue eyed, or hairless. Why not all the spillover to to the family based gcs?
    Think of it, uniting families is more important for a nation.

    Why do you think even in the FB there are categories, how come there is not a quota for spouses of US citizens?

    You are either not qualified for EB2 or your job is not qualified for EB2, now whose fault is it? Again, its not how much you earn, it is not how lucky you are. The EB category was not some boon, your HR manager, your lawyer, your manager came together and made the decision, last but not least your agreed to all this. EB2 is not some elitist club, you are welcome to join it, go talk to your HR manager, he controls the membership.




    vikramy
    05-23 01:48 PM
    Sent Emails to all including 2 AZ senators



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