Tuesday, June 28, 2011

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  • vrkgali
    03-26 11:13 AM
    My PD is Sep 2002. There are different limits:

    Break even limit
    Fatigue limit
    Endurance limit

    I am on last one :)


    Ditto here..My PD also sept2002 .

    And my I-140 also pending for the past 19 months..

    and I dont know what limit I should cross before I get GC ..

    may be the country limits and go back to India.




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  • dtekkedil
    07-06 03:57 PM
    We need some powerful press release for this Gandhigiri

    Working on it... have faith!




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  • Refugee_New
    08-18 02:23 PM
    Hi Guys
    My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.

    But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.

    I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......

    Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....

    Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.

    regards
    Saket


    What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.

    These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.




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  • anilkumar0902
    10-08 02:56 PM
    Many opinions have been expressed here. It is very tough to read through a few stories, coz each one of those must have suffered through this whole process..We have to feel proud of ourselves that we have withstood this whole process and are hoping for a bright day ...one day...some day soon.

    Due to the new overload/frontlog of applications filed, at least, if the duration for EAD and AP can be increased from its 1 year expiration to 3 years, it will bring in some sort of security and relief. Just like, one can extend H-1B for 3 years, if your I-140 is approved, there should be a policy to get an EAD and AP for 3 years if you have applied for 485 and have been waiting for more than an year or say, 6 months.

    We do not really know, if a major overhaul is in the near future, but such changes can help in providing interim relief.

    What do you say, friends ?



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  • aadhye
    09-10 09:41 AM
    Filed 3rd July at Nebraska.
    No receipt yet.




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  • unitednations
    08-25 03:15 AM
    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?

    h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.

    In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.



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  • sankap
    07-10 05:07 PM
    So, we're back to the semantics. We need USCIS/DOL definitions of "permanent" and "legitimate"--not the definition just for educators/tenured teaching positions, as desi3933 gave. If we don't have the definitions, we can/can't assume anything/everything. Therefore, self-employment in same/similar occupation, with a *projected* cash flow, should be classified as "FT, permanent."

    You are wrong, again!. ;)

    I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.

    .




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  • gc_maine2
    07-05 09:38 AM
    Reached NE at 9.45 signed by rob pitcher.



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  • rameshvaid
    11-18 08:04 AM
    Done!!!!




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  • JazzByTheBay
    09-28 04:36 PM
    Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.

    If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.

    As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.

    It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.

    jazz

    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.



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  • gcsomeday
    07-20 10:46 AM
    What are the tax implications for Aman or other recieving this. We dont want uncle sam to take a cut from something like this. Is there any CPA who can throw some light on this?

    Maybe this money can be used to create an expense account which can reimburse Aman and others for their expenses. We got to convince the Core to let democracy in IV work one time to create this account.




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  • rayoflight
    11-18 03:20 PM
    Done. Will setup appointments next week.



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  • zoooom
    07-19 07:39 PM
    Done
    Also..How can we let other members know that a thread like this exists...




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  • kg318
    04-22 05:37 PM
    Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.

    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!



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  • Administrator2
    09-23 02:42 PM
    the problem is that some of us are likely to eat his lunch

    It is not his lunch. We should not see all this as a zero sum game. We all ought to learn not to get dragged into meaningless Eb2 v/s Eb3 fight. It doesn't help anyone. Some of us in IV core had the opportunity to see this situation very closely and witness how it plays out in Washington. No matter who says/starts Eb2 v/s Eb3 fight, you will not get any different response from IV.

    Our position and work on this situation is very clear. We are all in this together and we should all help each other out instead of pulling each other down. This is the only way to fix the problem.




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  • cal97
    11-07 07:11 PM
    SJ,

    o Yes, mine is a NSC->CSC->NSC transfer case.

    o I spoke to an IO at NSC around the last week of October and she told me she is going to schedule it, but was a little apprehensive as I trashed some mail without going through it properly (so that was my fault). My main intention on getting an infopass appointment was to make sure that I did not miss any scheduled appointment, which was confirmed by the IO.

    o My case was recd. at NSC on 9/21 (Not sure when CSC transferred it). My Notice date is 9/10 if that helps.

    o Not sure what you mean by "What is FP data?", did you mean "date" instead of "data" ? If so, I don't know. All she told me was I was in the queue, which I am assuming is their internal queue.

    Hope this helps.

    hi cal97,
    Are you a CSC-NSC transfer case?
    Are you telling that FP was already sceduled even before you went for Infopass?
    Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
    Thanks a lot
    SJ



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  • a_yaja
    05-07 08:47 AM
    I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)
    Nice argument. I bet if you had your GC or if you were a US citizen before you got married you would support chain immigration - after all what good is to be in this country if you cannot bring your wife over here? How about when your parents get old and they need care? Then you will curse the system for being unfair towards family based immigration. Afterall what good is a job if you cannot bring your family here?

    Try to think beyond yourself. If not, your are no better than those opposing immigration. After all, even NumbersUSA is for immigration - as long as it is restricted to a few thousand a year! So is ALIPAC - they are for legal immigration but against H1Bs immigrating to the US. How are you any different from either of these organizations? As far as a someone wanting to come to the US on the family based immigration route is concerned - you are anti-immigration too.




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  • riyaz.pirani
    09-22 03:41 PM
    What center did you file NSC or TSC




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  • guy03062
    07-06 07:44 PM
    30th June.

    Hey when have u mailed ur papers?????29thjune or 30th june and when is ur PD?

    vaishhu




    thomachan72
    11-17 03:54 PM
    Sent. Thanks!!




    franklin
    05-24 07:04 PM
    emailed 2 + 9 (again - 1 in common)

    Also - emailed both personal contacts at my state senators offices with whom I (and a group of other state members) visited over the last month and a half to re-iterate general IV goals and to state strong opposition to S1348.

    I have received personal responses back from both Feinstein and Boxer at this point.



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