Monday, July 4, 2011

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  • anzarafaq
    03-11 08:54 PM
    The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.

    Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.

    Thank you ALL for responding to my post.

    I also sent an email to my congress-women and lets see if go through.

    Thanks again to all of you out there.




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  • anilsal
    12-12 12:42 AM
    Good question.
    Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
    Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
    I guess just a single drop of lime can spoil a litre of milk?




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  • mhtanim
    05-19 01:42 PM
    No FP yet either.




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  • desi3933
    07-09 01:48 PM
    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

    The AC-21 job offer must be full-time and permanent.


    .



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  • sunofeast_gc
    07-08 03:49 PM
    Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....

    Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...

    So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....




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  • jsb
    12-03 11:06 AM
    ....
    New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
    1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
    2. Change address, but give friend's address in the same city as mentioned on application
    3. Convince current employer to respond to RFE (in case any) positively
    4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE...

    Post 78 above, should answer your question/concern.



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  • kshitijnt
    05-10 06:35 PM
    Retrogressed all the way to 2000? Happened at the end of Q3 in the government calendar. Seem to me USCIS is laying the ground to assign all un-used visa number to indians in Q4. Just a guess....

    Indians have older PDs than Chinese, so its a fair game if that happens.




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  • gdilla
    03-09 04:31 PM
    Why is the US the be all and end all of your life and career? Is Canada out of the question? It's not always rosey up there, but schools are just as good if not better than US, generally safer and less xenphobic, and they will welcome and appreciate your skills; pay you a fair wage (that through hard work and good relationships you can ratchet up over the years), and welcome your family. CAD is going up. US dollar is going down.

    Did you know that most large, publicaly traded, US hi-tech and financial juggernauts have thriving offices in Canada (to take advantage of high skiled quality workforce)? Intel, HP, Agilent, Cisco, Microsoft, IBM, AMD, etc. Start applying. And guess what, if you really pine for the start and stripes, you can work your way to a transfer back on an L1 visa which may up your EB category and reduce your wait time.

    http://www.cic.gc.ca/english/faq/immigrating-5.html



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  • delax
    08-18 12:53 PM
    Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.

    Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.




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  • gc_lover
    07-02 09:46 AM
    Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.

    I hear you man. I am in exact same situation. I filed on June 29th inspite of having whole July. We will see what happens. Hope we will be fine!

    Good luck!



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  • eb3_nepa
    08-18 03:02 PM
    Wasn't that appropriate here? Aren't they use this word in day to day life?

    Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.

    Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here




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  • SunnySurya
    08-18 02:57 PM
    No with love and logic... By the way check your PM. Let me know if I am guessing it right about who u are?
    you manage people with a stick ?? :)



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  • chunky
    08-31 01:11 PM
    I applied for my I140 in May and it is pending in Nebraska.
    I filed my AOS in Nebraska in July.

    I am in Texas Service center teritory. Does this mean that my case will be transferred to texas and I will receive receipt from texas

    Is anyone in similar situation




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  • CADude
    08-01 04:53 PM
    USCIS are doing internal transfer from more than a year(140 & 485). They are processing 140 and 485 at both the centers and requesting the application at NE only. It seems now you noticed.

    I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
    if I-140 is approved at Texas.
    Has anyone have any idea?



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  • vbkris77
    05-04 10:52 PM
    (d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This basically tells me that they need to be given the same status only if they can't given immigrant visa in other category. But if they can be, why should they be used in this category? As someone said earlier, FB for Family is actually better than EB2. So this basically rules out their rational on giving EB2, EB3 dependents on this VISA.

    I am not talking about EB1 here.

    Naveen, I haven't given you any Reds. I feel sorry for your situation. Guys, lets discuss and analyze in a constructive way and don't go personal. None of us here will get GC twice by chasing someone's moral down..




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  • panky72
    09-17 05:42 PM
    applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!



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  • jungalee43
    11-18 02:59 PM
    I will definitely call senator's office and talk and even take appointment. For me the senators nearest office is 150 miles drive one way. But I will do that.
    The House representitive's office is less than half a mile's drive. But he is a member of Toncredo's immigration caucus and it is plain useless to talk to them.

    The highlighted message is the key to the next step.
    At most times you are likely to get such automated responses and message would be ignored unless backed up by lobbying effort. Each campaign is carefully crafted and the strategy is based on our ongoing lobbying efforts.This is why we ask for a focused message and followup instead of sending junk emails (from online petitions) and thinking our work is done after hitting the submit button. It is a waste of time and energy and misleads the community in what they should be doing to get attention to their issues. Sending email is just one tiny step towards the advocacy work. Next step is to call the office and follow up about the email. Tell them you are not satisfied with such a response on an important issue. Tell them that you want to talk to someone about your letter and also wants to meet them in their office as you are a constituent and part of a national organization. Once you get the appointment, contact IV and we will guide you for the next steps.




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  • anzerraja
    07-20 12:23 AM
    Thanks Vj Verma !!!

    count me in for a 100 as well.




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  • dish
    12-10 01:31 PM
    I had read on the other forums about people receiving phone-calls from USCIS with enquiries about the employer, client, wages etc. They introduce themselves as USCIS personnel and take sensitive information from people. Could they be imposters from the Anti-Immi Side. I do urge caution not to give any Info on the phone. If USCIS wanted info from the H1B holder, they would have done it through regular mail.




    fightnow
    07-06 07:47 PM
    John @ 408 472 3534




    hoolahoous
    08-20 10:44 PM
    Okay guys.. now the journey is over for me. I finally got my physical cards in mail. for some reason I never got CPO email/text. All I got decision and post decision emails. Since it had been couple of weeks since decision I was getting uneasy (because of no CPO).. but I got physical cards in mail today !

    best of luck to everyone waiting.



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  • browncow
    07-09 01:39 PM
    The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.

    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?




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  • Sri_1975
    08-31 01:49 PM
    No Recipts yet..:)




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  • 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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  • sankap
    07-09 09:34 PM
    Supreet:

    Based on my extensive research on the topic:

    1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
    2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
    3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
    4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.

    Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.

    However, a few follow up questions.

    1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?

    2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?

    3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?

    Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.


    Your help is highly appreciated.

    Thanks!!

    - S



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  • vkrishn
    08-24 11:12 AM
    Any approvals this week? Seems to be slow.. Wait continues!




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  • kate123
    02-09 02:13 PM
    25$
    Transaction Id: 49C78926VG6647649
    Contributed via paypal

    Thank you all,
    Keep up the good work.



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  • Saralayar
    08-25 09:03 PM
    Mailed I-485 on July 19th
    RD is July 20th
    ND is August 17th

    Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.

    Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?

    Thank you
    As it starts with Axxx, I think it should be Alien Number.




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  • lasvegas
    02-04 09:23 PM
    Hello:

    I am planning to do landing in Canada in the next couple of weeks. Anyone want to join me or willing to share information and knowledge? I am thinking of going to Toronto. Please send me a private message.

    Thanks.



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  • aquarianf
    04-25 10:27 AM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.




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  • bindoke
    08-24 01:33 PM
    got approvals for wife and myself today
    PD Jan 22 2006.
    Infopass on Aug 3rd said everything is good to go.
    opened SR no.1 for primary on aug 4th, was told cases were assigned on aug 3
    Level 2 cust service said cases pre-adjudicated.
    Reply to SR no.1 was standard - wait for 30 days.blah blah.
    Congressman inquiry said cases assigned to officer.
    opened SR no.2 for dependent on Aug 19.

    i think the Aug 19 SR did the trick.
    thanks a lot for moral support all this while everyone !
    i will donate soon !



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  • amitjoey
    07-09 07:22 PM
    Amit,
    Can you post the template of the email you are sending to the reporters.

    - AA

    Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    July 9, 2007
    What
    Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
    Where
    The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
    When
    July 10th, 2007.
    Why
    With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
    There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
    On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
    This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
    Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
    Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign – “fix the system”, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers – “I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.”
    Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.

    References:
    This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.

    Media coverage
    The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
    The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
    The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
    The New York Times: Immigration Malpractice. July 7, 2007




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  • willwin
    07-28 10:23 AM
    How did I miss this thread for 2 days!!!

    Delax and other EB2 wonderkids here:

    Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.

    Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.

    There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.

    It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.

    And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!

    There is no law without people.



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  • manishcp
    09-14 07:06 AM
    July 3rd, 11:14AM signed by F Heinauer @ NSC
    Good luck to everyone.




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  • Jimi_Hendrix
    10-27 02:00 PM
    is going to be very short. Therefore we should not have high hopes of getting things through in this session. This is a long fight so keep persevering and keep up the hopes.

    On a separate note, there is no point in engaging in any conversation with these gentlemen who continue to post nonsensical statements. I have reported them to the moderator.



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  • abq_gc
    08-19 12:11 PM
    USCIS has invented a very nice random number generator. They use it for every purpose

    1. To declare visa bulletin (canbe any day of the month)
    2. To decalare processing times (can be again any day of the month)
    3. Processing times themselves (can be anything)
    4. Processing order (can be anything)
    5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
    6. Answers from Service Requests
    7. Answers from Infopass appointments
    8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
    9. ..the list goes on and on (feel free to add please, I think there is no limit).

    Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability

    random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..




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  • akhilmahajan
    02-12 02:16 PM
    Bump.................



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  • yetanotherguyinline
    07-11 11:23 AM
    Is this rally still on? On 14th? Then please update the first post on this thread which still says July 7th - it is confusing.

    Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.

    This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.

    I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.




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  • Jyotsna
    09-10 07:10 PM
    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!

    I totally agree with your Deepak. People have to understand that everyone in this forum is going through the same situation but in a different way. And sharing views participating should be open to all. If one can contribute in any way should be appreciated or else Like you said there should be a wall.




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  • simple1
    05-01 04:32 PM
    Take this scenario.

    Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.

    So the diff
    current primary @ebquota - 6 years minimum
    current derivative @ebquota - 6 years minimum
    correct primary @ebquota - less than 2 years approx ( one person in place of 3)
    correct derivative @fbquota - say 7 years.

    The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.

    again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.

    Remember this point: this is not change of law. this is the correct interpretation of law).
    If it is not today some one will bring it up to CIS very soon.


    If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.




    sanhari
    08-13 10:44 AM
    I think one need to create database based on who came in what year and what is the priority data's . True there are people like me came in 2000 and still has priority date as Dec 2004, this is not my fault, this is forced by GC process tied with employer.
    The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.

    You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.




    shreekarthik
    10-09 09:57 AM
    Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
    It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
    This GC system broke because the system was revamped without taking into account the whole process.

    what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.



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  • GCStatus
    09-16 06:07 PM
    Nothing really matters as of now, what does matter is this

    http://immigrationvoice.org/forum/showthread.php?t=21393

    So Please Call

    Tell us to call, DONT TELL its doesnt matter




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  • mattresscoil
    11-18 12:17 PM
    Done
    Email sent to
    Senator George LeMieux (R-FL)
    Senator Bill Nelson (D-FL)
    Representative Ander Crenshaw (R-FL 4th)




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  • eager_immi
    07-02 11:52 AM
    They will provide us the detail in October. Till then it does not matter that they wasted all our money, time and effort. Ofcouse the emotional turmoil is least of their consideration.


    Like Voldemar said in this post

    http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3

    All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html




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  • ups
    08-26 02:02 PM
    We got welcome as new PR mail then Approval notice mail. Yesterday we got physical cards and welcome notice.

    Is anything remained?



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  • GKBest
    10-12 01:28 PM
    I do hope and pray that you said is true. I can still wait for another week to see it actually happen.....then I call if nothing happened:(




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  • newu77
    08-17 04:57 PM
    I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
    Signed by J BARRET.
    I-140 approved from TSC
    I-140 LUD on 07/28/2007
    No receipts Yet.



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  • raydon
    08-18 09:34 PM
    Applied for EAD (paper based) on July 18, 2008. I-765 approved 08/14. Received the cards in the mail today valid for upto Aug 2010. Losing 2 months since previous EAD was valid for upto 10/18.

    Surprisingly the application asked for 2-yr cards if the I-140 petition is approved. As far as I know, my petition is still pending approval at TSC. No LUDs or email updates or anything of the kind. Maybe I should check whether this means an impending I-140 approval or if it's in "approvable state".

    My category is EB3 - March 2004.

    Good luck to all for their respective approvals.




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  • dtekkedil
    07-10 10:38 AM
    Tracking summary
    Current Status Shipment delivered.
    View Signature

    Delivered on 7/10/2007 10:58 am
    Delivered to Receptionist
    Signed for by DANIEL KWhat is this?




    Tracking history Help

    Date and Time Status Location
    7/10/2007 10:58 am Shipment delivered. Washington - Ronald Reagan National, DC Why is this?
    8:27 am With delivery courier. Washington - Ronald Reagan National, DC
    7:26 am Arrived at DHL facility. Washington - Ronald Reagan National, DC
    5:10 am Depart Facility Wilmington - Clinton Field, OH
    1:10 am In transit. Wilmington - Clinton Field, OH
    12:36 am Processed at DHL Location. Wilmington - Clinton Field, OH
    7/9/2007 3:59 pm Shipment picked up Miami - Tamiami, FL



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  • sracharla
    08-22 07:36 PM
    Hi,
    I got my EAD today...Even i received my EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...




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  • machachan
    09-09 03:17 PM
    We filed i485 on Aug 1st still no news from receipt.

    I don't know which office, the lawyer took care of it.
    I'm from northern california, so I assume that will be Nebraska.



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  • shozee
    12-31 12:22 PM
    Im posting for first time
    plaease pardon me if im in wrong thread .
    Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
    Any idea what would this statement mean ?
    I_140 & 485 fild July 5th 2007
    PD curent




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  • p7810456
    05-23 10:25 AM
    Already emailed all the senators in the list.. including faxes to two of my state Senators, FL. Also.. going to call few in the afternoon.

    I hope this works..



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  • jindhal
    09-23 05:09 PM
    Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.

    Porting is a right justice served. Of course, not everybody are eligible for that.

    You are entitled to your opinion on this matter and so am I. Nobody is asking you to throw away all the merit earned in eb3 you get to keep your priority dates in the eb3 category. That way if eb3 ever becomes current you still get your green card.

    The other point that I am trying to make is that the core keeps complaining about how the IV members do not help in advocacy and in any grass root efforts, I am not sure about the other eb2 applicants but I think I can safely say that for most of them, the IV agenda items are geared towards helping the entire EB legal immigrant community but when it comes to porting the entire IV community (including the core) condones anyone who supports porting and lashes out at anyone who doesnt which just makes me believe that this is more like an IV - EB3 rather than just IV.




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  • rbharol
    10-17 01:49 AM
    IV

    I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?

    NUmbers USA are asking members to send this fax to their representative...

    ====

    Dear Representative XX

    I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.

    Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.

    Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.

    Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.

    Anti Immigrants will keep doing what they are doing and they have been doing it for long.
    They have to give strong argument in favour of their claims.
    Somebody can't just say we don't like the color of their skins so we do not want them here.

    Let them present their views to the lawmakers and lets do our part.

    I do not really like the idea of posting NumbersUSA posts here.
    I do not mean to offend you.



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  • kg318
    04-23 10:00 PM
    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not �reasonable�?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).




    Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.

    As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"


    Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.

    AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.


    Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
    just make the employee sign it to restrict him from making better living and not give anything in return....


    Seems like these things are favourable to all the h1b employees.
    If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.




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  • ragz4u
    05-02 12:38 PM
    I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.

    I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though


    believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree


    I disagree with this too. Here are a few examples
    1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
    2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
    3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
    4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
    5) Sheer ignorance on the part of the beneficiary



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  • asethura
    08-23 12:53 PM
    Hi Greatdesi,
    My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
    Hope this helps.




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  • ca_immigrant
    02-01 11:41 PM
    I just visited last month. I stayed there for 6 weeks...

    Agree that economy is booking but....

    (1) too much pollution.
    (2) No infrastructure to handle cars and two wheeleers.
    (3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
    (4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
    (5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
    (6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.

    Just my two cents....

    @ asdcrajnet - All the very best to you !! May you have a great life back home !!

    @Thakkar
    I agree there are many issues we have back home but after all it is our country -:)
    there is something that pulls me back to and we are also thinking we will go back in the next couple of years. It will not be easy as we love this country too...but then one of the main reasons we are going back is the way is the culture here... I am not very comfortable with the culture here and would like my kids to have the Indian culture...I agree there is a lot of westernization back home too...but I guess there is some hope there still to have a little control on the kids...or help them go the right way...here I am not saying it is wrong...but is a totally different culture....which is what I am not able to digest....

    Also, we are alone here no family or extended family and that too is not easy (I think)
    Lack of social support....

    I respect this country a lot and love this country (and my country too -:) ...I am what I am today because of India and US.

    If we end up going (I am sure at some point we will), we will always be greatful to America !!!




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  • unitednations
    08-26 03:42 PM
    I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.

    Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?

    I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?

    Please share your experiences.

    There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.




    cooldude
    09-30 08:10 PM
    How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.

    Anyone in the same boat?

    Thanks,
    -rk.

    Applied on July 19 at NSC and still nothing.




    GCStatus
    09-16 04:38 PM
    I can pledge around 200-250 for this.

    Go IV!!

    Do it, Just do it