Monday, June 27, 2011

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  • anzerraja
    07-19 08:37 PM
    Could you please update your pledge amount here, so that it is easy for us to keep track of the amount.

    ^^^^^





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  • JunRN
    09-15 04:19 AM
    Are there still some July 2 filers who haven't got their Receipt yet?





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  • 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





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  • gccovet
    02-10 02:25 PM
    With sujijag's 50, needhelp!'s 25, and gccovet 25.00

    we are at $1144.00

    Bring it on!!! keep on going.


    GCCovet.



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  • Suva
    08-13 11:40 AM
    If it's a july filler then there is a chance of getting rejected because it reached there on June 30.

    Hi all,

    Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.

    EB3,priority date

    vaishu





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  • saileshdude
    09-24 12:11 PM
    Surabhi,

    Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.

    That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.





    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.



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  • v2neha
    08-26 05:34 PM
    Any one waiting near 6/18 ?

    RD for my EAD is 6/18 - LUD on 6/25 - Status Pending





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  • raysaikat
    08-10 11:33 AM
    I git the I-485 Approval mail on 8/4/08 - but I have not recd any CPO mail or welcome PR mail - nor have I recd the notices in the mail -should Itake Infopass appt ?

    Does USCIS have the right address on file? If yes, then perhaps you should wait for another week before starting to inquire.



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  • gcisadawg
    08-10 11:31 PM
    Congratulations !! Wish there was a "welcome kit" buddy ... but all you will receive is an I-797 ...welcome notice :)

    It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!

    -n4nature





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  • jsb
    03-10 01:25 PM
    Sayantan,

    It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.

    The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.

    It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.

    I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
    The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?

    Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.



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  • transpass
    09-28 01:17 PM
    I am not sure why USCIS is publishing the updates every week saying that there is progress in receipting dates.
    There are so many of us just in the July 3rd to July 16th range.

    I don't get it. :confused:

    Ya...so many of who filed on july 2 got screwed because of internal transfer...I am totally confused...





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  • kartikiran
    09-10 11:25 AM
    I hope this is true. I am getting tired of waiting for visa bulletins.
    Anyone close to my priority date out there?

    pd2001_12...i can understand your pain. In a usual gregorian calendar date terms, my pd might be close.

    But in USCIS Retrogression calendar terms, I might be millions of miles away from your priority date...:mad::(:confused:



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  • pvpb
    09-26 10:55 AM
    Hi ,
    I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.

    Thanks
    Venkat





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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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  • centaur
    07-09 07:12 PM
    She is great. I just spent 15 minutes talking with her. She has all her questions written in front of her and she seems really serious about pursuing this story.

    Every one should call her at 2023346701, name is Xiyun

    I spoke to this journalist for almost 20 minutes
    She is awesome and really really listens to you and gets a lot of information to you
    THIS IS A LIVE PERSON
    She is interested in talking more people and also if possible with other ASIAN people (Chinese/Taiwanese/Pakistanis), who are in the same boat
    Call her and she picks up the call.





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  • kshitijnt
    05-09 07:15 PM
    Western govts. understand only one language, that is lawsuits. Everything else is taken as sucking up to them and weakness. The Indian community in UK has been successful by means of lawsuits. Although I am a big fan and supporter of IV, I think the option of taking lawsuit off the table has hurt us more than it has helped us. Why are we paying $25K for FOIA when no information has come out of it? Instead we should file a grand lawsuit? All information we are expecting from FOIA would be forced to be shared in lawsuit anyway.

    I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.

    The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.

    Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.

    The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.



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  • helpme1234
    09-18 07:44 AM
    My appl recvd at NSC on July 3 at 11:14 am by f heuifner anyone on the same boat





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  • smuggymba
    07-21 10:34 AM
    I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?





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  • gcfriend65
    12-07 02:49 PM
    When the cases gets shuffled around the country from NSC to CSC and back, the dtabases are separate. FP notices are generated when information on different databases are alligned together.

    exactly same case, applied july 17th, notice date sept 10th, transferred to TSC





    sandy_anand
    02-18 02:41 PM
    transaction ID for this payment is: 1V923300P24635823.

    I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!





    darslee
    07-07 12:32 AM
    The South African family is "staying tuned". July 14th is my daughter's birthday and we have a party planned (We live 3 hours drive away from San Jose) but any other day, you can count on us being there!



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