Friday, July 1, 2011

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  • stldude
    08-14 08:03 AM
    The receipt no. had SRC***** in it and when i looked it up online i saw a note stating " your applicaiton is with our Texas Center". I did send it to NSC on Jul 2.

    I understand that. What I wanted to know was what number you have? SRC or LIN? And also to confirm, if it was cashed by TSC? and not the case that it was cashed by NSC and then scheduled to be transfer to TSC?

    As you had said "I think it got transferred to TSC". You mean it really got? or you think?

    Thanks




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  • delhirocks
    06-22 11:55 PM
    My situation is similar too.

    The employer is not ready to file the 485, thinking that I may leave the company after 6 months.

    I have the I-140 receipt notice , but no approval notice.

    There is no way he is going to issue a employment letter , still debating my options.

    What if you assure him by signing a 2 year bond. Once you get the card, give him the finger




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  • amitjoey
    05-23 07:14 PM
    Please also use Webfax to send your message
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46




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  • BPRAO23
    11-07 06:28 PM
    What's the customer service number and the menu to talk to one of the customer service reprasentative.
    I have called the the number 800-375-5283 and confused to select the menu.

    Can you please help me in this?

    Thanks,

    Rao



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  • sanhari
    07-19 04:08 PM
    how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.

    Let's please not start EB2 and EB3 fight again.

    What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.

    Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.

    Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).

    Under current circumstances, the only two hopes for EB3 India are:
    1. Port over to EB2.
    2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.

    What can we relay to our congressmen? (and we all should do it):
    - Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
    - EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
    - EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.

    Bottom line:
    - Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
    - Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
    - In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.




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  • quiquincho
    03-06 06:22 PM
    You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.

    I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)



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  • walking_dude
    10-08 03:58 PM
    If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!

    However, unfortunately, IV is not a farm.

    A rich man had a bunch of horses and donkeys. He used some to carry the load and some he tried to breed for participating in races. He was trying something but not very effeciently.

    .... No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. ....




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  • sidbee
    07-28 01:14 PM
    Just Chill Guys,

    I am EB3, and i know we EB3 are screwed , and EB2 are luckier than us.

    There is no need to fight,

    If we dont get the GC , we can go back home(for me home is india) .... believe me home is not so bad( even after the blasts) Just enjoy your time here, live for the moment.

    I work for an employer , whom i value more than EB2 , so i dont want to port to EB2(Even when i filed for EB3 , i was eligible for EB2 , But my lawyers assistant , just wanted to play safe) Everyone has his own preferences.

    I think this is a post , for the EB3 to crib , and talk (humans feel good after doing that) so let us do that.



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  • CADude
    08-24 01:53 PM
    It's seems TSC again in sleep mode.. Hope next week will be better.. We will cross 60 days from filing.. 30 days more to go for any CSR help unless they say call after 120 days.. :D:D




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  • snathan
    02-09 09:24 PM
    Any one else....today?



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  • fightnow
    07-06 07:13 PM
    Police will be there to keep things in order. No permit is issued but some registration has been done at the police department. All must stay on sidewalks! See rules in previous post.
    The timing was not so good. I post earlier talking about this event but did not attract much attention.
    One concern: people will lose their anger and get used to it in one or two weeks.




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  • delax
    07-27 08:01 PM
    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.

    If that were to be the case then EBROW should never have been retrogressed. E3ROW has been retrogressed for the last 20 months now.



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  • english_august
    07-09 02:55 PM
    I hope everyone is sending out the press release to their media contacts. As you all know, this event is not centrally co-ordinated and everyone has been really proactive in getting the word out.

    Same goes for the media contact as well. No single person is emailing/faxing this information out - everyone is doing his or her bit.

    Since most of the coverage will come from journalists local to the D.C. area, members there should be particularly aggressive in calling local newspapers, radio stations, tv stations etc.

    Let's give this thing one big push.




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  • jfredr
    05-23 11:48 PM
    sent 2 in NJ+10



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  • gc_lover
    07-20 07:41 AM
    I am in for $100.

    By the way if we have 20,000 members and even if each pledge $5, we can reimburse the core team expenses. How often we have to teach and tell the Math to our so called highly skilled free riders.

    Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.

    Thats because 19,236 members hide somewhere when there are talks about $.
    If some people want to criticize IV same 19,236 members will be first to jump on forums and post messages!

    PS: 19,236 is just a made up number!




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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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  • snathan
    04-24 02:46 PM
    Hi JaiHind/Balaji,

    Are you alrite? Mehul already passed away on March 2nd 2008 and now you want him to take second opinion. Please read the whole story before you comment.




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  • rmdsouza
    06-23 10:49 AM
    This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.

    The standard line amounts to this:

    We are highly skilled we are legal and we are stuck and dont deserve this.
    This is not good PR. Nobody cares about this.. it will get us nowhere..

    We need to have a standard message apart from all other humint crap..

    1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.

    2) legals are in most cases paying taxes for which they may never realize the benifits like social security.

    We need to let it be known in a firm polite manner that
    1) we are giving more than we are getting and are not free loaders
    2) we are not harming or displacing anyone.

    I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.

    I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC




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  • mnq1979
    09-11 11:35 AM
    YA UR...IT REALLY SHOWS that ur PISSED...BUT WAT CAN WE DO...ITS NOT EVEN IN OUR HANDS....SO LETS GO TO RALLY AND C IF SOME THING COMES OUT !!!!




    casinoroyale
    08-17 02:00 PM
    Anybody tried entering USA by road using AP after they applied for H1-B visa and it got into admin processing or PIMS delays?




    sodh
    07-10 01:25 AM
    Can someone give me Michael Moore's contact and I can gaurantee you that his next movie will be on USCIS and DOS.



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