Wednesday, June 29, 2011

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  • joydiptac
    07-21 04:02 PM
    I am not interested to pursue this, nor do I have the ability to lead this effort. Plus I am very happy with the effort and the work IV is doing. Which is not for a specific category but a more general appeal. I support that.

    But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)




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  • marlon2006
    06-21 11:36 PM
    Wait until November for Democrats to gain control ?
    I am sorry, but that is the opposite of what 4 recent elections have shown. In spite of Republicans bad reputation, the American people seem to have replaced incumbents based on their position on illegal immigration/amnesty, not necessarily on their party. Those of us waiting to see Democrats regaining control may be heading towards a disappointment. I am not sure if others understand what we are up against. That's exactly what members of the House want:if you wait after November, more likely than not a number of incumbents may be kicked out of the office. Then it would be easier to pass a House enforcement bill.

    Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.




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  • fundo14
    06-07 12:36 AM
    Hey dont give up ur Canadian PR. U have worked so hard for it. Just think about it. What if ur US GC goes for a toss (god forbid)? The idea was to use Canadian PR as a backup so do it. Also, I completed my landing in Canada recently. PM me if u need more info...

    Hi,

    How did you reenter US? Using H1 or AP?

    I have already used AP once and I am hearing lot of stories about US Immigration creating lot of problem while enetering back in US using AP as they feel that we are doing some kind of fraud ny trying to maintain PR in Cananda & USA

    Please shear your experience of Landing.




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  • ajaykk
    07-21 01:33 PM
    Mailed on 07/14
    Recvd: 07/15
    Soft LUD's: 07/17, 07/18 & 07/20



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  • gauravster
    07-08 03:17 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.




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  • ita
    02-09 02:07 PM
    Just sent $25 Transaction ID: 0MG61582KF344472C. Thank you



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  • breddy2000
    09-09 11:32 PM
    Think its more along the lines of its smart to be illegal under current circumstances :cool:

    THIS IS AN EYE OPENER......





    Joe Legal vs. Jose Illegal



    Here is an example of why hiring illegal aliens is not economically productive for US



    You have two families: "Joe Legal" and "Jose Illegal". Both families have two parents, two children and live inCalifornia.



    Joe Legal works in construction, has a Social Security number, and makes $25 an hour with payroll taxesdeducted.

    Jose Illegal also works in construction, has NO Social Security number, and gets paid $15 an hour cash "under the table".



    Joe Legal is paid $25 an hour times 40 hours for $1000 per week, $52,000 per year. Now take 30% away for State and Federal taxes and Joe Legal now has $31,231.

    Jose Illegal is paid $15 an hour times 40 hours for $600 per week, $31,200 per year. But Jose Illegal pays no taxes. Jose Illegal now has $31,200.



    Joe Legal pays $1,000 per month for medical and dental insurance with limited coverage or $12,000 per year. Joe Legal now has $19,231.

    Jose Illegal has full medical and dental coverage through the state and local clinics at a cost of $0 per year. Jose Illegal still has $31,200.



    Joe Legal makes too much money is not eligible for food stamps or welfare. Joe Legal pays $1,000 per month for food or $12,000 per year. Joe Legal now has $ 7,231.

    Jose Illegal has no documented income and is eligible for food stamps and welfare. Jose Illegal still has $31,200.



    Joe Legal pays rent of $1,000 per month or $12,000 per year. Joe Legal is now in the hole at -$4,769.

    Jose Illegal receives a $500 per month Federal rent subsidy and pays rent at $500 per month or $6,000 per year. Jose Illegal still has $25,200.



    Joe Legal now works overtime on Saturdays or gets a part-time job after work.

    Jose Illegal has nights and weekends off to enjoy with his family.



    Joe Legal's and Jose Illegal's children both attend the same school. Joe Legal pays for his children's lunches while Jose Illegal's children get a government sponsored lunch. Jose Illegal's children have an after school ESL program. Joe Legal's children go home.





    Joe Legal and Jose Illegal both enjoy the same police and fire services, but Joe paid for them and Jose did not pay.




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  • amitjoey
    11-17 03:45 PM
    Done



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  • sanjay
    02-09 03:38 PM
    Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW

    @buddyinsd

    I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?




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  • reddymjm
    06-07 09:18 AM
    reddymjm,
    I thought that we have to send our I-485 applications to NSC regardless of which state you are from.

    Is that not true? How come your friend sent it to TSC?

    Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?

    Thanks.
    It depends on where ur I140 approval came from. What I mean by lag is they receive the application on 1st jun, they are working on assigning the lin # after 6 days. If they were at the same pace they should start working on the new I485 recived on Jun 1st today.



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  • morchu
    05-08 03:46 PM
    Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.




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  • tonyHK12
    02-10 11:20 AM
    thanks sureshtreddy, dkshitij for your contributions.

    Amount raised = $1800.00
    Contributions needed = $48,200.00



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  • GCStatus
    09-15 04:18 PM
    You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.

    Well said MadhuVJ




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  • SunnySurya
    08-18 12:58 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.



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  • dtekkedil
    07-03 10:35 AM
    This is a superb idea. I am game for it. Someone in the DC Area will also need to coordiante press releases to media so there is coverage for this.

    Good idea! Anyone living in or near DC willing to take up this job?

    Can one of our core members let us know if we can start a separate account for this campaign?

    This has to be well planned... all the flowers should reach Emilio's office on the same day!

    The media would love to cover this since this is so "out of the way!"

    Let us get this moving... the longer we wait the less the effect of this will be! The time to act is NOW!




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  • Santosh_gc
    06-25 05:23 PM
    I am sorry to say this but I am not at all surprised that CIR may not pass. Every American I know has called his/her Senator to tell them that they wont vote for them if they vote for amnesty. And that is expected since all they know about CIR is that it is an amnesty for illegal immigrants. I would have done the same thing if I was in their shoes.

    I dont know if I should be happy or sad that CIR will not pass.

    I am sad since this will affect legal people waiting to get their EAD card and other such issues that IV is fighting for.

    I am happy because illegals will not get amnesty. That would be a slap in our face. It would have also led to the meltdown of the immigration machine which cant handle the current workload without bungling it up.

    Maybe the failure of CIR will let us redirect our our efforts so we focus on a bill which specifically addresses the issues of LEGAl immigrants and we dont get tarnished by the illegal immigrants issues.

    santosh



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  • smuggymba
    11-17 06:38 PM
    Done.




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  • shouldIwait
    11-19 12:46 PM
    Done. Forwarded to friends too.




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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.




    needhelp!
    02-18 05:26 PM
    I am sure everyone agrees that fixes are needed. I am sure everyone agrees that fixes won't come magically. But to stand up and work for it, Macaca once said "Something has to CLICK!".




    ilwaiting
    05-04 04:38 PM
    No pun intended here. But I was a fresher too at some point of time in my life!!!. Didn't mean to offended anyone. Anyway, I think this is a pointless discussion. Congress is going to do what they want to do. I just wanted to putforth my thoughts in my previous message.

    Also, I would think I would benefit from any law they pass pertaining to EB.



    I just dont understand the logic that If these "kids" get off the queue how will I get it. If the kids get out in a year i may have to wait another 2+ years to get a GC. I really dont see how having US degree in their hands helps. Let me take my example I was hired 3 years after college directly from my country from an multi-billion dollar market cap company from here. I quit that in 3 years and joined some other company that is a different thing.
    And as far as studying here that is your problem if you want to spend money and study. As far as being helpful to US I have paid a lot more in terms of Taxes and other things than someone who has 3 years and mostly studied here on assitantships. And also being a hiring manager for the company have hired may US citizens as well.
    Im not trying to create a division here. All I'm trying to say is that everyone needs to be helped not just only with Masters degrees.



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