Sunday, July 3, 2011

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  • gc_on_demand
    11-17 03:58 PM
    Done




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  • english_august
    07-11 02:02 PM
    I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!




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  • bindoke
    08-20 01:18 PM
    Buddy i am in the same boat :)




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  • trueguy
    09-19 07:46 PM
    I agree with above analysis except 5% assumption is not good assumption. It might be 2% or less



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  • chanduy9
    07-03 12:54 PM
    I think any flower is good, if we run out of the same..just an idea.




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  • snathan
    04-20 10:19 AM
    Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.

    1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
    2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
    3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.

    Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.

    Be bold and do this.



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  • hopefulgc
    10-09 10:57 AM
    People,
    no offense .. but what kind of crack are we all on?
    what ever happened to queuing theory?
    Visa number assignment is a classical queuing case that can be solved even by a newborn who fires a projectile pee without warning.

    and yes as long as we are all stating what we want..
    I want three parle-g biscuits with garma garam chai.


    It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.




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  • grupak
    07-30 11:10 AM
    As other have noticed, I also got two emails. One on July 29 other July 30 about the case.



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  • desi3933
    07-10 03:37 PM
    ....
    That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....

    Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled

    "Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "




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  • VMH_GC
    07-09 04:32 PM
    Thanks gcForV,
    Am ready to send emails to major newspaper organisations and show hosts.


    This website has links of most of the talk show hosts. Right click on the individual email links to get address.

    http://www.conservativeusa.org/megalink.htm

    Subject: Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    Dear ****,
    I would like to get to your attention the peaceful campaign of 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
    Please find below/attached the article related to this.
    Thanks,
    ******
    --copy of the article and attachment--

    modified some base content.How does this look?

    If we individually send to all the talk show hosts we are bound to get some attention.Core group what do U think:Should this mails be sent individually by each of us or are the administrator's going to mail the talkshow hosts?



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  • zephyrr
    12-16 09:02 PM
    i'm glad someone brought this up, i'm in the same boat, came in 1998, applied in jul 2003 eb2.

    i think it is important to get at the bottom of what is making one depressed, is it the gc necessarily, or is it not being able to do what you want to do? if it is the process itself, well - joining IV or talking to people and fighting for a cause is the way to go.

    if it is not the process itself, then it is another story.
    in my case, the gc process really started affecting me and became a topic of daily discussion in the family in the past 2 yrs, after i finished my mba from a top 5 school, and was unable to switch jobs because it meant starting tge process all over again. i could care less about a gc if i could do jobs that i wanted to. in your case, it might be something else, maybe career related or otherwise.

    my stand is now simple, after 180 days are over in dec, i'm going to do what i want to do i.e switch jobs etc, i've applied to canada as a backup, something goes wrong, i'll leave the usa. i'm not willing to put any more of my life in a 'prison' than i already have.

    you may have a different stand, but as long as you have one, and understand that the gc is nowhere as important as your mental health and well-being, you will be fine.




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  • ngodisha
    05-28 12:51 PM
    Sent the email to 10+1 senators.



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  • asethura
    08-22 09:40 PM
    Hi All, we got our physical cards yesterday my USPS.
    PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
    Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.




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  • siaa96
    10-08 01:47 PM
    I totally miss your point: why is ending retrogression bad? Because all 800K people might get the GC within 6 months? Whats wrong with that? Its not fair to those who have waited longer than others? Dont be a member of the "just because I suffered I want everyone else to suffer" That makes you no different from that talkshow host (who is now a citizen) on the radio channel recently who said he waited 10 years to get his GC, so everyone else also should, otherwise its not "fair"

    Or, are you mixing up ending retrogression with making dates current? No thats not what we want. We want dates made current after the visa supply = demand. Just making all VBs like the July VB is pointless, and does lead to lots of uncertainties. By ending retrogression I mean making sure we have enough visa numbers for all who have been qualified by DOL (LC) and USCIS (I-140), by:
    - ending per-country quota
    - not counting dependents
    - recapturing wasted visa numbers.

    I think we are talking about the same thing. If you see my post carefully, I clearly mentioned that I do not support lifting retrogression if the annual quota limit continues. I will be more than happy to see all quotas lifted and everyone gets GCs tomorrow. But I will not be happy if a 2007 person gets the GC tomorrow and I get mine after 5 years. That's exactly what might happen if they keep the quotas but remove retrogression



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  • ArunAntonio
    07-06 05:26 PM
    Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!

    What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.




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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.



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  • desi3933
    06-26 10:06 AM
    The way i understand this, not all companies are bound by the EOE laws.
    Certain conditions have to be met to be considered an EOE.

    Not every employer is an equal opp employer, so those guys can hire whoever they want.
    Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.

    >> not all companies are bound by the EOE laws.
    Incorrect

    All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.

    Read more for yourself
    Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)

    However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.

    But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.


    ________________________
    Not a legal advice.
    US citizen of Indian origin




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  • go_gc_way
    10-22 01:44 PM
    Of all the threads , I found this is one of the most relevant threads discussing our problem..

    So there will be a lame duck session where at our retrogression problem will be discussed again. And chances of passing a relief are tough.

    What is economic recession's impact on retrogression when is it predicted , does any one know?




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  • spulavarthi
    08-15 12:50 PM
    Yesterday rcv'd email card production.

    RD 06/16/2008
    ND 06/18/2008
    PD Feb 2006.




    pd052009
    02-04 10:58 AM
    I hope many people will contribute when the days are close. The sad part is that they do not realize that IV needs to know the collection amount details in advance to organize a mega event.
    50 thousand members and only 10 people contributed?

    Shameful. If this is the situation, will IV cancel the event?




    justAnotherFile
    07-02 09:31 AM
    Type: Package
    Status: In Transit - On Time
    Scheduled Delivery: 07/02/2007
    Shipped to: DALLAS, TX, US
    Shipped or Billed on: 06/29/2007
    Service Type: NEXT DAY AIR


    still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business



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