Friday 17 June 2011

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  • willgetgc2005
    03-20 07:26 PM
    We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.


    Admin,

    Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.

    Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
    in 2007, you get in line ahead of candidates whose PD becomes current in 2007.

    So in effect all of us loose.





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  • SunnySurya
    07-28 11:24 AM
    I am a hindu but I also want to present anothere extrem point of view..
    PS: I DON'T like the tone of his blog..

    http://www.thoughts.com/truth/blog/oh-you-hindu-awake-16869/





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  • satdal
    01-17 03:59 PM
    Just signed up for $20 Recurring Monthly. The video presentation is simply fabulous. Great Job by Aman, as always !
    Here are the details of the subscription --- Subscription#S-5SV04028RR209515C.
    Subscription Payment Sent (ID #2DU65702LW627190T)





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  • amitpan007
    06-06 03:27 PM
    Congratulations and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours :)

    Yes Definitely I will. I am a member of texas state chapter so will be getting updates there as well.



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  • pitha
    01-30 03:20 PM
    I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.

    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.





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  • abhijitp
    07-24 12:51 PM
    It doesn't say that anywhere in the link. The 485 filing instructions clearly state what the initial evidence is.

    There is no doubt the employer letter is required.
    The only question is:
    1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, OR
    2) is it a better idea to submit a new I-485 rightaway along with the letter, OR
    3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened?



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  • pbojja
    12-11 10:17 AM
    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .

    Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .

    Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .

    I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..





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  • dish
    07-02 09:59 AM
    Is Green Card numbers allocated beginning of every quarter. USCIS Fiscal year runs from october 1st to sept 30th.So for July being the start 4th quarter of the FY 07 shouldn't USCIS be allocating visa numbers in JULY. They cannot use up all the visa numbers for the FY 07 before july, Am I right ?

    Supposing USCIS retrogresses PDs to 2001 or 2002, why not we push more for grabbing the wasted Green Card numbers in the prior years.



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  • ronhira
    03-12 12:37 PM
    I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.

    n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.

    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......

    i think greyhair, you, kumarc123 are all part of the problem...... let me re-phrase that.... u r all a disease plaguing this eb community...... everyone has their own little petty reason for not participating...... so just eat taco with u'r $25, no need to think over.... keep volunteering me for doing things for u.... i don't care much for this bickering back & forth.... so leave me alone & let me enjoy my friday....





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  • labogon
    07-28 09:50 AM
    I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.

    __________________________________________________ ____________
    Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.

    If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.

    I'll let you know when we get the receipt notices - probably not for another two weeks.
    __________________________________________________ _____________

    P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
    labogon



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  • vicsthedude
    09-17 05:31 PM
    Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.

    How many days have passed snce they received your response? Was yours similar to mine. Please look at Page 1 of this thread of my detailed RFE. Did the sttus change for you to "Review"? Sorry so many questions but my attorney is sending the response overnight today and i am so nervous and anxious and scared and.... etc.





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  • GC_ASP
    03-18 05:47 PM
    Thats what I understood as well. Eb-2 benefited the most because of this.

    When there are no country limits like in a situation quoted above, its completely based on PD's. India had
    EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.



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  • GCKaMaara
    04-07 10:52 AM
    I would not say people are intentionally lying but fact accuracy deters when transferred from one mouth to another. I would only rely on first hand information.





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  • feedfront
    09-17 02:02 PM
    Attorney will contact us as soon as they get letter. They are not going to respond w/o service fee.

    Chillax, it's Friday. We'll definitely get it by next week.



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  • Imigrait
    01-30 03:39 PM
    No. This is NOT what I said.

    Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    I see your point. Thanks a lot again.





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  • pappu
    02-04 02:27 PM
    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors� visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners� earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.

    Big question:

    Why not put a country cap on the CIR for all undocumented?
    What are the reasons for not doing that?

    Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?



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  • anilsal
    12-12 01:17 PM
    If the attorneys have determined that there needs to be a INA change to allow I-485 filing during retrogression, has anybody bothered to find out what USCIS interpretation is?

    USCIS interpretation can be binding!





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  • abhijitp
    07-24 12:15 PM
    I'm not expert in advising but murthy.com is saying avoid duplicate filing that may lead to rejection. Would suggest to consult v.good attorney before you do.

    I have seen that on murthy too. I am not sure why they say that. Anyone else who ever submitted multiple AOS applications?

    I am sure people have submitted two separate apps in cases such as:
    1) both husband and wife working and eligible to file. One app submitted with husband primary, wife secondary AND the other app submitted with wife primary, husband secondary
    2) AOS for old labor + AOS under PERM

    In both cases I believe the USCIS will ask you to choose between the two when the time comes.





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  • niceguy369
    01-31 02:30 PM
    My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.

    1. He did not get his W2. And the company is not responding to his queries for his W2
    2. He had to pay the tax on the amount which he did not received any money for 1.5 months

    I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.

    Thanks.





    onemorecame
    09-20 01:03 PM
    Anyone received his rfe??





    saggi13
    01-22 01:52 PM
    Its been 8 yrs, 2 recessions, 3 layoffs, marriage, baby, home, an expensive car, and lots of ego.

    And, I am still the same!!!!
    8 yrs of work, and i grow to become a PM (do my PMP and have a vision to become a program manager some day), and get an assignment at a very good financial firm and with a very good pay per hour as a contractor. I look at my life and go, now that i have what i want, i can go ahead and get more (i go back and think about how i initially came to the country with just 90$ in my pocket and on a H1). So, i start planning about buying a house.

    Dont buy a house!!!!!
    Parallelly, there is a discussion every where about housing bubble, and how good it is to buy a home now, and "now or never". While others at bay are pleading not to buy a home, because it is about to explode. The ego says, you are invincible. So go ahead. So I do.

    Ego!!!!
    I look at my 9 month old daughter and say, "she needs an own home and lots of place to run around and play", and not an silly apartment. Afterall, it is your daughter, genius! So, i bring all my money together, leaving almost nothing for reserves, thinking of the job i have and how good i am with the job, and finally purchase the home. Real estate agent milks me and I never see it coming though my wife suggests the same. Issues logistically at closing and some stress and all of it comes to a positive end in about 3 hours.

    Stroke!!!
    Finally I take the keys, I come home and put the keys in my daughters hands, and my new manager from work from last week calls. Phone is ringing. (The manager that brought me on board 2 months ago leaves the position, and i kept wondering why). I am smiling as i take the call thinking this guy is going to congratulate me, about the purchase of the home. But, 4 minutes later I am shaking and its sweat and i drop like a fly in the chair.

    Wife looks at me and says whats wrong? I tell her, I dont have a job any more, and it ends in 2 weeks. For 8 yrs, a number of times I did think about buying a home, and I have always kept away from it for the fear of losing the job, but now (well done EGO!), and I have a home. That too, it had to happen the same day that i closed on the home. I tell myself this is a long time coming.

    God!!!
    So, while being on bench and employer paying nada, I try to find jobs with all my previous managers, sr.vps, directors who I used to stick with, and nada...no one has a job for me. Start using credit cards and the little reserve for mortgage payments.

    Luck!!!
    2 months down the lane, the same manager calls and offers the same job, but with 15% rate cut. By this time, I am anout 7k in debt, and then have no choice but to accept the position.

    Intelligent!!!
    So, I start work with the same good financial firm again, thinking I will make the best out of the worst and will in no time succeed again (Ego). I am making about 1400$ less a month, but the spirit is high, as there is some income vs. none.

    Luck!!!
    4 months down the lane, debt goes to 10K as the money is insufficient, and the salary helps paying bills but not past debt. Then, it happens again. All news networks say that there will be mass layoffs in the next 3 years and could be upto many thousands.

    Am I one of them?
    So, i talk to my employer, previous managers, directors, sr.vps and every one else and I start looking around for a job again. One of my previous managers from the last place I worked at, says she has a gig, but as a tester. She knows I am looking for PM, but thats all she has. I worked for her as a project tech lead before.

    From PM to tester!!! From Devil to human!!!
    Have no choice and I am scared already. so, I put my ego aside, call my pride and take the job as a tester. Still making 1200 less from when i brought the home (been 9 months now), daughter is 18 months, still have the home and the car, but not the same person any more. Debt at 11K and waiting for tax returns to erase some of the debt, and request wife to start looking for jobs.

    Dont eat out, dont spend much, cook at home, cant think of fancy trips, but still have food to eat with hard earned money, and praying for all those who are

    not able to make ends meet.

    with all this going on for an year for now, I dont have time for GC any more.

    Do you?

    I still love my life whether depressed or surpressed - hahahahha!



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