Friday, July 1, 2011

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  • gccovet
    08-26 11:07 AM
    On July 15th I have filed for renewal of EAD for both of us, today I got approval email where as my wife status says received and pending and NO LUD either. Infact she needs EAD as she is been working on EAD and it expires in October. I am on H1. Why like that? My PD will be current from September as per September bulletin.

    AJ

    My husband's EAD was approved last week. I filed both the EADs (for me and him) together in July (Receipt Date: July 30th). My application has no LUD so far. His EAD was approved last week. This is just weird. When both the applications were filed together why look at one and not look at the other?

    your spouses will get their EAD approvals in week to 10 days for sure.
    GCCovet




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  • ramus
    07-03 09:29 PM
    AAA members should get around 15% discount on FTD..




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  • Macaca
    12-10 11:23 AM
    Why don't you tell other proud americans to not

    1. admit us to your educational systems,

    2. give us jobs, and

    3. sponsor our green cards.

    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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  • GumI485
    07-03 01:44 PM
    I would sent some cactus if there were options to do that.:D


    GUd one!!!LOL!!!



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  • myvoice23
    09-17 06:18 PM
    July 3rd,NSC...signed by R.WILLIAMS...still waiting




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



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  • blewstream
    09-04 07:41 PM
    Status in signature




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  • madras1
    02-10 12:37 PM
    Donated $100.
    Your receipt number for this payment is: 4760-7942-7070-8340.



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  • mrsr
    07-08 08:24 PM
    Why the hell they are looting the social security then , as non immigrant why the hell do i need it. Any congress men can answer this , they are stupid




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  • eb3retro
    09-23 02:24 PM
    link for the article..

    Visa Bulletin Predictions and Updates from Charles Oppenheim (http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/)



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  • ashwin_27
    11-18 01:33 PM
    In addition to completing the action item, set up an appointment with my Congressman for the week after next to push for this provision.

    As stated by the more experienced folks involved with this initiative, the bottomline is that any action item should be accompanied by a grass roots effort where all our members should meet with the local congressmen/congresswoman to push for our provisions (in this case visa recapture). Coordinated action items and phone campaigns always help but we should not wait for an action item to talk to the lawmaker offices in our local districts.




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  • nonimmi
    10-17 01:18 PM
    that Senior Members would be more involved in posting on this website. It makes a lot of difference if core members who have a closer perspective of the truth could respond to some questions on these threads. No response, in my opinion only helps in making the website dead and promotes unproductive arguments and squabbles here.


    It is "good" that they are not talking. That means they are working harder and something good is expected to happen.

    If there is more talk then outcome is less. This is my experience from past one plus year from IV and other immigration forums. When everyone get "too much" excited and keep posting madly about some "immature deal", at the end of the day nothing "concrete" is achived.

    Let IV do their work. I am hopeful something "good" will happen in near future.



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  • gauravster
    07-08 04:30 PM
    You are incorrect on multiple accounts.

    But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?


    .

    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.




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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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  • reddymjm
    06-12 07:18 PM
    I got my receipts by mail on monday and checks cashed last friday. But my wifes did not clear yet. any one in similar situation please post.




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  • h1techSlave
    05-01 09:43 AM
    One of my friends was a plaintiff in the lawsuit that you mention. As you mention, USCIS quickly approved all cases. So didn't the plaintiffs won the case?

    I hope our potential lawsuit will have a similar effect. We file a lawsuit saying we are discriminated based on country of birth. USCIS opposes the lawsuit, but quickly approves all our 485s. We both win in that situation.

    I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.



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  • andycool
    08-20 01:23 PM
    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")

    Me....

    SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
    Info pas...on Aug 06...> with officer wait 30 days..




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  • gova123
    08-13 09:37 AM
    Did anyone receive card mailed e-mail/status update? I saw one member receive that.

    Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..




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  • alisa
    12-11 07:43 PM
    If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.

    For the life of me, I couldn't figure this out either.
    I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
    I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
    If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.




    logiclife
    03-08 10:46 AM
    Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.

    After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.

    Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.

    As to how to deal with this...try this.

    Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.

    Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.

    Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.

    Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..

    Yesterday, nearly 2000 Irish illegals went to capitol hill and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.

    However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.

    After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.

    So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.




    webb4
    08-21 09:32 AM
    Category: EB2 India
    PD: 2/10/2006
    Service Center: NSC
    RD: 8/2/2007
    ND: 9/12/2007
    RFE: Oct 2008
    Interview @ San Jose Office: Jan 2009
    Interview Result: Pending Visa Availability.
    8/1: Created SR. Reply on 8/10 your case is under review, You will receive decision or notice of action in 30 to 60 days.
    8/2: Infopass Appointment @ San Jose -- IO bought the file to the counter and asked for EVL and also a letter from company stating they support my I140.
    I work for Top 5 company in Silicon valley. Company attorney got the required documents in 3 days. IO also generated FInger Printing appointment the same day.
    8/11: Infopass Appointment @ San Jose -- Submitted the EVL and other documents given by the company. IO made copies of our Finger Printing notice.
    8/19: Infopass Appointment @ San Jose -- Officer checked the status of our case and indicated visa number has been assigned. Files are with the same officer.
    8/20: Card Production ordered for my wife and myself.
    { 10 yr + 6 Months in this country ( F1 - Masters - H1 - Green Card)
    Thanks to VLDRao / Q for starting to predict dates in EB3- Eb2 prediction thread which really gave me hope of getting my green card.
    All the best to all you folks.



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