Thursday, June 30, 2011

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  • StarSun
    02-22 09:05 AM
    We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.

    We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".


    We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.

    Come on guys, you can do better than this. Donors, members, guests - we are all in this together!

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  • Aah_GC
    05-08 02:33 PM
    lets get together and do something please.. we need to act this month..

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  • leoindiano
    12-16 08:06 PM
    I am from North Carolina as well. No FP yet...It could be something to do with NC local office.....

    texas-vermont-texas cycle...application date August 3rd.

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  • shantak
    05-21 06:10 PM
    because my appointment date is may 28th , he asked if i will pay for him he will do that today so i did

    hehehe, are you serious about this?


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  • ashish3
    11-21 11:01 AM

    I am very sorry and shocked to hear this news. I pray to GOD so don't lose hope.. everything will be OK .... I think taking second/third opinion is going to help and as far as your wife Immigiration case .. I think some members mentioned about talking to Attorney .. You can also drop a email to Sheila Mutrhy and Rajive Khanna. I am sure they will come out and help...

    Please don't lose hope... everything will be OK...

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  • alex99
    07-02 09:51 AM
    Sent on Jun 30 to reach on 2'nd July.


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  • trueguy
    07-27 07:29 PM
    I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.

    It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)

    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.

    Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.

    I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.

    Earlier it was like this:

    EB2 ROW --> EB3 ROW

    If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.

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  • conchshell
    05-09 10:53 AM
    I can read and feel the anger and frustration. But I have seen this every time a retrogressed visa bulletin was released in last ten years. Appeals for unity and and urgent need for action. However, it turned out to be a storm in a tea cup. Hope its gonna be different this time.


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  • desi3933
    07-10 11:42 AM

    looks like this case actually tells me that maybe we could do self-employment easily...

    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140
    2. New job is bonafide

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop
    2. Business Plan, Funding to support employees
    3. Any contracts, orders etc

    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    The burden of proof, in case of RFE, lies on beneficiary.

    Not a legal advice.

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  • gc4me
    08-18 12:45 PM
    Are you sure that your application was received on Aug 8th, 2008?
    If ture then this is the shortest time I have ever seen for EAD approval.
    Lucky you!
    May be your Green Card producttion was ordered! Please share your experience.


    This is for my wife's first time EAD.

    Category: EB2, TSC
    Priority Date: June 20, 2006
    I-485 filing date: July 17th, 2007
    Paper based EAD application Received date: Aug 8th, 2008
    LUD : Aug 12th, 2008
    Card Production Ordered : Aug 16th, 2008

    That was pretty quick.
    Funny part is, I haven't received receipt notice yet.


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  • vkotval
    03-26 04:55 PM
    I think it should definitely move end of 2002 by october.

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  • rpulipati
    10-08 01:01 PM
    PD should be established on the first labor application.

    I feel this is more practical than number of years in US.


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  • gauravster
    07-08 04:30 PM
    You are incorrect on multiple accounts.

    But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?


    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.

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  • indyanguy
    09-26 12:58 PM
    By Self employment, do you mean working on 1099 or by starting a business and working for it?

    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.


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  • newuser
    05-23 07:37 AM
    I am about to e-mail to the Senators based on the new letter.

    Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?

    Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.

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  • sgupta33
    11-07 02:10 PM
    i am pasting the format. just higlight the receipt date in all cases. no need of metioning notice dat. it should not be counted at all.

    Dear Mr. Prakash ,

    My name is xxxxxx and I am currently working at xxxxx as xxxx.

    My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.

    We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
    Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.

    I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.

    My details:


    My wife's details:


    Thanks a lot for your time

    Thank you for this information.


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  • hiralal
    05-09 03:34 PM
    yes ..I agree with most of the above. the new admin is more protectionist .. I wonder if the analysis will show that a large number of immigrant visas were wasted !!!
    in republicans you have 20% against immi but democrats maybe 80% against
    hopefully BJP will come to power in India and retaliate against nuclear deal ..and then they will realise that protectionism cuts both ways !!

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  • reddymjm
    06-12 06:00 AM
    All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.

    Do you know how long for receipt letter?

    TIP: Print them you should be able to read.:) My checks cleared on the same day got the receipts yesterday. So you should be getting them today or tomorrow. I am not sure if attorney can chose whether to send it to you or not.

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  • h1bmajdoor
    09-30 12:59 PM
    I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.

    It seems there is lack of information on this subject. Let us use this thread to

    - share expeiences
    - List issues you have all faced so that IV can have this information while working on advocay efforts.
    - Make others aware of your problems and do's and don'ts in the community.
    - Interpretation of various lawyers on this and how they have helped you solve your difficult situations.

    Hope this information will help everyone

    AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.

    There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.

    As far a salary goes, AFAIK you have to make as much as the LC requires you to.

    The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.

    11-18 05:30 AM
    Completed! My wife and I sent the emails. Please tell us when to begin the phone calls.

    09-18 09:30 AM
    :) Current Status: Card production ordered.

    On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

    ND: 07/30/08

    I got my EAD but My wife's EAD is not yet approved though we applied on the same date. Just waiting.

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