Sunday, July 3, 2011

Call Of The Haunted

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  • ilikekilo
    03-07 06:52 PM
    not sure UN where U get this info but appreciate the insight..

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  • rp0lol
    08-12 02:05 PM
    What does ADIT processing means any idea is that we need to go to local USCIS office for the interview?

    Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I posted it in a new thread but it is not appearing in the home page links

    ADIT (I-551) stamping

    Applicant appears at local USCIS for ADIT processing. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.

    Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.

    Courtesy of --- Jackson & Hertogs

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  • sankap
    07-10 12:19 PM

    What's a "bona fide" job? Where did you see that a job needs to be"bona fide?"

    Also, if you're self-employed, why can't you show that's a "legitimate" business? Who's asking for a business plan--and why should that be difficult to make if you're self-employed? Please, let's not *assume* things. We should base our opinions only on facts and evidence.

    Its not ability to pay issue? The main point is to show that job is real, and bonafine.

    May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?


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  • vikki76
    09-29 11:30 PM
    Interpretations from website
    6. Porting to Self-Employment

    USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.

    7. Timing of New Employment Offer

    A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.


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  • gjoe
    10-08 02:33 PM
    What is wrong if people want USCIS to process EB based I485 strictly on PD as per the law. You may claim that is what they are doing, but it is not true all of us know that. This whole thing is working like the GC lottery with more complexity.
    I would say IV should make PD based processing as the top most priority in their agenda. This is the simplest thing that can be acheived. Asking USCIS to follow the rules is not as complex as lobbying for ending GC backlog.
    People coming up with points of legal stay and other things are just frustated with the system, they want something which is more predictable in the current process not just eliminating GC backlog due to visa numbers.
    Asking people to attend state chapters and asking people to contribute is ok, but trying to shutdown peoples thoughts just because they are not the same as someone elses in not right

    Excuse me for being a little blunt...but

    People really need to stand up and see what it takes to bring about change. People are loathe to drive 10 miles and attend a state chapter meeting, and you want to overhaul a system to the extent that you get credit for time/experience in US?

    I am not saying its a good or bad thing. What I am saying is, what you are asking for is a major overhaul. GC is driven by A PARTICULAR POSITION offered by A PARTICULAR EMPLOYER, where its proven that NO US CITIZEN WAS WILLING, QUALIFIED AND ABLE TO do the job. How can your previous job get you credit for such a position and petition driven GC process? If you want that, then system needs major change where GC is not drive by one particular job offer from one particular employer who sponsors you.

    So basically, you are looking for a RADICAL change in the system. Nothing wrong with dreaming, but kindly show some friggin activity and effort on your part before putting up new ideas on forums.

    Otherwise if you are sitting around and

    1. Offering new innovative ideas for GC reform on forum posts that lawmakers dont read.

    2. Never go to lawmaker meetings in DC or locally or attend any local meetups of IV.

    3. Cancel recurring contributions as soon as your EAD card shows up in your mailbox.

    Then please, keep your really creative and excellant ideas to yourself. Because Ted Kennedy is not going to change the system and give you credit for working here since 1999 or 1929 and reset your PD to 1999 or 1929 BASED ON YOUR BRILLIANT IDEAS on forum posts.

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  • BharatPremi
    03-28 11:12 AM
    At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
    move ahead very slowly from June 08 2007
    2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.


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  • InTheMoment
    09-03 02:13 PM
    Your Welcome Notice serves as your approval notice. There are only two envelopes that one gets and you got both (Welcome Notice and Cards envelopes)

    I got the welcome notice in mail.
    I got the cards in the mail.

    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?

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  • akhilmahajan
    02-09 12:34 PM


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  • wellwisher02
    04-12 08:46 AM
    In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this

    1) do i need to surrender my PAROLE I-94 before departing USA?
    2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:


    If you wanna return to the US from Canada, you either need to have H1B visa or AP.
    Your Canada Immigration Officer may ask why you want to settle in Canada and you should have a convincing explanation.

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  • guyfromsg
    07-19 11:51 PM
    Thanks IV core for the selfless sacrifice..A small pledge of $100


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  • madhu345
    05-06 07:05 AM
    The only one thing the nonimmigrants should aware of Mortgage is they can't expect 100% finance, as per my lender we need to make at a minimum 10% down.

    Very well said GCBy3000.
    I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?

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  • Raju
    07-20 10:43 AM
    I pledge $100.

    Can we set a target of $100,000. Lets not forget other IV core too. Even they might have spent money. We should set up an administrative account.

    Also can we send emails to everyone like the action alert, so that more people can join?

    Good points...


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  • raju123
    07-03 08:51 AM
    I agree, it should start as soon as possible. Delay will kill the impact.

    I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)

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  • apahilaj
    11-06 01:57 PM
    was your case transferd from NSC -> TSC ???

    Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.

    Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...


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  • gccovet
    02-09 03:38 PM
    I have sent my contribution of $21 through paypal.

    Payment Sent (Unique Transaction ID #0FB67301XJ308793P)

    Thank you Pachaik,

    With 15 contributors, We are now at $484.00

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  • kg318
    04-24 04:15 PM
    Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
    Go and create another website in favour of deshi blood su&^%$rs called Don't try to mock here.

    i agree with u gc4me. he seems to be one among my employer's company. if u see, he has replied only for this post, nothing other than this post. except this issue, he doesn't seem to be interested in any other issues in this forum..earlier he said his friend paid $350 for evaluation of non compete and now he says he himself paid $350 to attorney. how can anyone be 9 yrs on
    h1b. its only max of 6+ 7th yr extension. its not that i want to hear what i want to hear, but people come up here for genuine opinions of members here. so gcbikari(i doubt u r a desi emplyer), please dont use ur strategy of scaring the employees to death. that will spoil the whole essense of the forum.


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  • gcsomeday
    06-27 12:47 PM
    If the options are sign or do not sign and no EAD/GC for a long long time or never, I would just sign the damn thing. This contract is way too restrictive and lawyers will find lot of loopholes. Let him go to court. If he dares to, what do you lose? $10,000? He has to spend more than that, face publicity, lose reputation among clients ( send the freaking agreement to all his clients and advertise in all awebsites) and intense scrutiny by Homeland Security and possible arrest. Just somehow document all your conversations which implicate him and be prepared.

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  • sankap
    07-10 01:16 AM
    Could you point to a USCIS/IRS resource for this info?

    QUOTE=number30;486999]Problem with that argument once you own more than 5% of the company you will have file as investor. [/QUOTE]

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  • pappu
    10-18 10:38 AM

    I think we all understand we are in this together. No doubt.

    A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.

    I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
    this is a good (or a bad ) idea and suggests what to do, our members will be energized.

    For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.

    Also, the same letters signed are ready in an envelope to be snail mailed.

    So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.


    __________________________________________________ ___

    Your idea is good and I would encourage you to go ahead and send such letters to lawmakers. Any effort that is in line with IV's agenda and helps us in any way will be helpful to all of us. IV endorsed efforts are listed in action alerts page. If you choose to go and meet the lawmakers we have put together all information for this purpose

    as a policy we are only focussed on issues faced by high-skilled legal immigrants waiting in line for their greencards.

    When the session starts I am sure based on where the issues are going and after consultation with QGA and within core team there maybe some action alerts that involves contacting lawmakers.

    Your efforts sending letters to lawmakers will certainly help us in raising awareness and preparing groundwork for coming months.

    09-28 04:36 PM
    Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.

    If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.

    As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.

    It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.


    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.

    08-29 01:45 PM
    Application received by USCIS on July 23rd. No receipt yet and the checks were not cashed. Some late July filers are already getting receipt notices.

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