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  • buddyinsd
    08-26 10:16 PM
    Congrats...Did u see any LUD on 21st Aug?

    I think I'm one of last person with the PD of 2005 to get approved.

    Service Center NSC.

    Had two infopass appointments
    Raised SR on 8/5/2010
    Many calls to USCIS national customer service
    Spoke once to second level IO
    Also contacted local congress man and tow senators
    My lawyer also contacted NSC regarding my case


    Not sure what worked but finally got it. Thank god that this eternal wait is over.


    Good luck to those who are all waiting.




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  • sunny1000
    07-09 12:26 AM
    My analysis is minimally, if at all, dependent on India, China, ROW, ...

    Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.

    In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.


    See below link...It has some explanation of the cut-off dates. I don't know if that helps. Also it has been noted the AC21 was intsrumental in re-capturing 131K visas which kept the dates current until 2005. Amazing!! We should hire the lobbying firm which worked on AC21:D

    http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html




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  • hiUS
    09-03 12:20 PM
    I am in the same situation

    08/12/08 - Approval sent email
    08/18/08 - Received the Approval notice by post

    No welcome notice or card

    No updates.....

    It seems we are all in the same boat? Did any body try to talk to customer service or take Info pass or any idea who received the card after facing the similar kind of situation?




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  • ItIsNotFunny
    06-13 07:53 AM
    My attorney told me that they sent my case to USCIS through FEDEX overnight on 6th June. My check is not cleared from my bank yet. I am concerned about my RD. Any idea?



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  • h1techSlave
    04-29 10:59 PM
    H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.

    I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.




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  • gcnirvana
    07-20 11:59 AM
    Thanks Zooom, for starting this thread. I've mentioned about IV Core's selfless service in our 'Thanks' thread couple of days ago but didn't know about the magnitude. $64k is helluva money and its just not right coming from one pocket to favor thousands of others. Aman and other core, day by day you raise above and beyond our imaginations as a leader and guide. We assure you that you will not pay another single dime from your pocket.

    I pledge $100 to Reimburse the core team now and more later.

    Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
    Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
    For that I suggest we give this thread good two days to develop and check other members responses...
    So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
    Guys: Its good to see response...Pls reply with the text "In" and the amount.

    Members,
    I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
    http://www.businessweek.com/bwdaily/...eek+exclusives

    ========================
    Message from Pappu:

    Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.

    "Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"



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  • eb3_nepa
    12-11 11:26 AM
    If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.

    Well said actually!

    From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups

    1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
    2) This group has not been able to file for I-485 coz of retrogression.
    3) This group is stuck in Labour Certification stage and cant do anything about it.

    How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:

    1) The big corps are pushing ONLY for H1B increase.
    2) Anti-immigrants are opposed to ANY kind of increase in numbers.
    3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
    4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
    5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.

    In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.




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  • hindu_king
    05-08 03:01 PM
    How about getting together on the 20th of this month,
    Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.


    Act fast, I know 20th is close, think about is as an emergency

    What location?



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  • shankar_thanu
    03-25 04:20 PM
    Mani_r1,
    Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8




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  • BrazilianCitizen
    06-15 12:09 PM
    Package received by Nebraska SC: June/4.
    Check cashed: June/14 (it shows LIN# on the back).

    Querying status using this number shows a receipt date of June/12!



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  • desi3933
    07-10 10:43 AM
    that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.

    Page 5

    Further, the director noted in his decision that the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position. The petitioner did not address this issue on appeal. Therefore, the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position.



    .




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  • alisa
    09-14 02:29 PM
    Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.

    I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
    I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
    All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.



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  • sankap
    07-09 11:58 PM
    @desi3933:

    1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?

    7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

    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".

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

    Sankap -

    Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

    1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

    2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

    3. I-140 is for permanent and full time job only. See Page 5 of
    http://www.uscis.gov/files/form/i-140instr.pdf

    4. Also, read this. It says 'Permanent Employment'
    OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


    5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

    6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

    7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

    8. Most of the full time exempt jobs in this country are permanent in nature.


    ___________________
    Not a legal advice.




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  • GCStatus
    09-14 02:36 PM
    Opening threads and then burying them deep like any other thread does not help us.

    Thousands of threads were opened like this and everyday we see new threads.

    I strongly recommend
    (1) Update your profile with true information
    (2) Pledge with honesty
    (3) Join a state chapter and make yourself visible and available to IV.

    We can go from there

    There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on

    I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.

    Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff

    Chandu - I understand where you come from with your vast experience here. Like i mentioned i am totally new to this site and i am not JUST opening a thread. WE are going to do it. If making the 70k talk is joining the chapter, so be it. Nothing stops us.

    Wouldnt have opened the thread just for the heck of it.

    Next step is to collect personal informations, see who are nearby meet them in person, arrange conference calls, let the ball rolling



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  • India_USA
    09-14 09:26 AM
    It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"




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  • krustycat
    09-28 10:16 PM
    Hi,
    Here is my case. My lawyer sent the papers on July 5th. and the package were received at NSC by F HEINAUER. We're a family of 4.
    I have a LUD on the approved I140 on 07/28/07 (TX).
    Rest of the details you can see in my signature.



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  • SanjayP
    05-09 10:43 PM
    At least Bush Administration was sympathetic to our cause. Everyone knows that this is a congressional fix but alteast Bush never came up with those anti-H1b policies to destabilize people in GC queue. Now these numbers have retrogressed in month of June when historically this has never happened. Obama is trying to woo people at the cost of Indian community.
    Everyone knows Durban & how he has lately tried to screw Indian community and Obama is a good friend of Durban. Now Democrats are in majority , why have they not fought for your cause ? There was an idiot congressman in IV Dc rally who was talking about making all illegals legal from IV stage. So what else u can expect ?

    Come out of Obama Dreams & fantasy world. Obama is not good for us. He is good for illegals and any immigrant who is aspiring a blue collar job. They don't want you & me taking white collar jobs. He is helping right-wing white supremacist agenda by aligning himself with people like Grassley & Durban.

    I believe you are very close to the truth matter.
    Bush, deport and detain illegal immigrants while expanding and ignoring any frauds in H1/L1/etc programs for 8 years. Obvious, Bush thinks our future voting block will be in republican favor and illegals future voting block would be in democrats favor.

    Now we see with Obama he is acting in the opposite manner. He wants to legalize illegals to create a future voting block and to penalize and stop/disarm the h1/l1/etc programs because he believes we will not vote for democrats when we become naturalize.

    I will be sending this letter on Monday anyways because we need to do something our voices are being DROWNED out by the ANTI's!!!




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  • gc_chahiye
    12-16 05:45 PM
    One more AC21 question -

    Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?

    Thanks,

    If you cant get a copy of everything (if you ask the attorney directly you should be able ot get a copy of the complete filing) try to get:
    - copy of LC or atleast the section that describes the skills
    - copy of employment verification letter which describes skills

    original I-140 typically stays with employer. trhey might give youa copy of the approval notice...




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  • needhelp!
    02-11 06:58 PM
    You can paypal to donations@immigrationvoice.org

    Or use online payment from your bank login.


    IV,

    I know you don't want us to use paypal - but I think that might be delaying lot of contributions.

    Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.

    Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.




    kshitijnt
    07-09 01:22 PM
    well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?

    Getting a letter is not a big deal. What if I am a full time consultant in that company?




    vinabath
    03-26 11:26 AM
    see above

    If China and India combined gets only 22K every year then all Visas will be wasted.



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