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  • dtekkedil
    07-05 01:44 PM
    This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.

    Any takers?

    By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.


    Can anyone familiar with using paypal accounts come forward? I personally have never used them (except to donate to IV) so I would not be a good choice. That person will have to publish the nicknames (people can use whatever names they want if that is possible!) and the amount paid by each person at the end of the day.

    This will help our cause... I believe more people will come forward if we do this. Of course others still have the choice of doing this individually as well!




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  • kondur_007
    07-28 01:04 PM
    Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.

    Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.

    This is exactly I have been trying to communicate for a long time.

    I said this in my previous posts:

    Following is my post from May:

    http://immigrationvoice.org/forum/showthread.php?t=18876

    Then I said it again:

    http://immigrationvoice.org/forum/showthread.php?t=19058&page=2

    Then I said it again and again:

    http://immigrationvoice.org/forum/showthread.php?p=261937#post261937

    And I urge again, this is not the "fight between EB2 and EB3" but a reality that something needs to be done for EB3. Although I am not EB3 myself, I have many frieds stuck in EB3, and it is very unfair to them and their families to wait several years in line.




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  • sankap
    07-10 01:04 AM
    [QUOTE=desi3933;486996]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.

    Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)

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

    Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html

    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.

    I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?

    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.

    Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
    "Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.

    Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?

    H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?

    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)

    Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
    proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.




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  • Macaca
    07-07 07:08 AM
    Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
    Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007



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  • vinabath
    03-25 04:36 PM
    My PD is Sep 2002. There are different limits:

    Break even limit
    Fatigue limit
    Endurance limit

    I am on last one :)

    You will get it this Calendar Year. Trust me.




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  • kondur_007
    08-18 02:48 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.

    I can understand the frustration here. The problem is, USCIS has been doing this for several years and everyone knows this.
    Even Ombudsman mention this in his report! So I dont think we can write much of letters about this...it is a well known and acknowledged fact!

    Now what is the solution? The problem is USCIS claims that they do not have enough resouces to implement FIFO. Or may be they do not have a system to utilize available resources to do so.

    This is not likely to change in next couple of months. So with all due respect, everyone with current PD but still waiting for GC will just have to wait and hope for the best. I wish my good luck to all. The best we can expect from USCIS at this point is to use all the visa numbers and not to waste any.

    On a long run, this does need to change. It will take several months or years to change and it is worthwhile to attempt our efforts in that direction. Or suggest something in that line to include in upcoming CIR next year.

    any thoughts?



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  • HarshJ
    11-05 03:11 PM
    Hi,

    I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.

    She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.

    She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.

    So I guess, perseverance does pay off :)

    Hopefully we can get this FP out of the way soon enough.

    FYI I am a Bay Area resident.




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  • masaternyc
    07-04 05:46 PM
    My application was received on July 2nd 2007 at 11:40 AM

    Priority Date:May 22nd 2006
    Self filed all to date



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  • tonyHK12
    02-17 04:57 PM
    thanks Madhuri, updating total...




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  • SDdesi
    11-18 12:26 PM
    Sent to:
    Senator Cornyn
    Senator Hutchison
    Representative Johnson



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  • PD_Dec2002
    06-22 01:29 PM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?

    Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

    If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

    Thanks,
    Jayant

    P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!




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  • kshitijnt
    05-09 10:08 PM
    For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
    -a

    Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.



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  • ckarri
    07-20 11:42 AM
    Pledged $250 so far and will be pledging $100 for Aman's expense reimbursement.




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  • snathan
    02-09 05:31 PM
    People are giving red dots for asking donation....

    Great we will fix all these problem by 2100.

    GO IV GO...there are lots of free riders waiting for you.

    I really feel ashamed you guys.



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  • jobforme
    07-10 12:33 PM
    How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.




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  • bbct
    02-12 12:22 PM
    If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.

    Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.



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  • java_jaggu
    04-21 08:33 PM
    This thread just puts things in perspective. Getting a GC and beyond is a good thing, but in the larger scheme of things, enjoying the present moment and enjoying what you got is far more important. You never know when it can end !




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  • Siddharta
    03-25 11:22 PM
    My PD is Oct 2006. Its seems like i have to wait around 10+ years. Do you think i should go for EAD instead of H1B transfer and H1B extension

    Go for it. EAD is almost as good as GC as long as you remain in same field.




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  • krishnam70
    07-11 07:02 PM
    Are you a journalist by any chance? :D


    As i mentioned in the thread Gandhigiri in one of my first posts to support the flower campaign idea.. Rosa parks was the inspiration for MLK in this country for the civil disobedience This is very similar to how Gandhiji got the idea of Satyagraha from - guess who? Kasturba Gandhi.

    We need to carry on more things like this in a non-violent way at grassroots level to increase the visibility. Imagine what Gandhiji did in the 1940's with the entire media controlled by the Brits and with no other medium of communication available. We are in a far better situation right now we have access to media, can create our own blogs and we should use it to make our presence felt and highlight the injustice done to us.




    eb3_nepa
    08-13 05:01 PM
    SRC is always Texas , LIN is Nebraska. Also when you input the receipt number in USCIS case status website it tells you which center this application is with.

    Hey stldude, you reported that ur LUD had changed to 07/28 right? What was the original LUD?

    Maybe the recent LUD change might be an indicator of when NSC shipped stuff to TSC? They may be doing batch processing. JUST a THOUGHT




    zeta7
    04-11 10:48 PM
    Yes, that's exactly what I'm interested in as well: Landed and returned using AP. A first hand account would be great, so far people have only pointed to indirect references, which I'm not saying is useless, but like I said, first hand details would be the best...



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