Saturday, July 2, 2011

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  • ramus
    07-07 10:07 PM
    who is up for DC?




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  • VA_GC9
    07-09 07:48 PM
    We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.


    Guys see this..
    July 9, 2007. Message from USCIS Director Emilio Gonzalez
    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    http://www.uscis.gov/portal/site/uscis




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  • mbsac
    10-04 01:01 PM
    Hello,

    My application reached USCIS on July 5th, at 11.11 am at Nebraska SC signed by F.HEINAUER. But so far Checks have not been cashed

    I have added myself to the List


    Originally Posted by Rohan99
    If you are still waiting then please add your name

    Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc


    Please see signature for more details.Thx-- fetch_gc




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  • kondur_007
    09-27 01:40 PM
    Sorry for my French guys...I generally dont like to use bad words, but this Charles Oppenheim boils my blood...

    Look at all his previous statements...I dont know under what kind of influence he makes his statements...

    He has BSed us in the past (look at his prior statement that he made in VEGAS) ....

    Now he is BSing us again....

    And we take his words seriously and start another set of arguments....

    God bless every one; I need to calm down now. If possible please ignore this Oppehemi guy; he is just another joker.



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  • grupak
    08-05 10:51 AM
    These guys are not consistent. I should have gotten a 2 year EAD.

    Dunno who to take this up with.

    Sorry to hear they gave you 1 yr EAD.

    I don't know why USCIS just don't make their ( and our) life simpler by just issuing 2yr EADs. Deciding how close to current is close enough for 1 yr EAD is extra effort. If its a funding issue, they can give the customer the option for multi-year EAD and extra fee.




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  • sunnysharma
    06-11 10:21 PM
    this up, You should be able to see LIN/WAC numbers clearly..




    All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.

    Do you know how long for receipt letter?

    Thanks.



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  • bugsbunny
    05-03 12:46 PM
    Hi, all:

    I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

    (1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
    (2). EAD card valid until 10/2012.
    (3). H1-B visa valid until 03/2012 through my current employer.

    I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

    So, my questions are:

    (1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
    i think you can do this on EAD but confirm with and immigration attorney

    (2). Is there any problem to new my EAD card since I lost my H1-B visa?
    you can work on EAD without H1B but you will be carrying more risk

    (3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
    Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
    BTW its not INS anymore its USCIS


    (4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
    Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.

    Thanks.

    Bruce

    see answers inline
    you can also ask your questions during the free weekly attorney calls we have on thursdays




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  • diptam
    06-27 12:08 PM
    I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"

    They also told me over phone that they have the capability of revoking
    140 and complaining against me to INS if i try to leave before getting the actual GC.

    Can they do that - after 6 months they lose that control - Right ??

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • PD_Dec2002
    07-07 09:44 PM
    This is what my lawyer mailed us today (I have always had good service from him):
    In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.


    Not that I am holding my breath, but just wanted pass it on....

    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant




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  • chi_shark
    07-09 02:55 PM
    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan

    payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).

    the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)

    i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...



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  • mbsac
    10-18 12:06 PM
    My Checks were cashed today :)




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  • lost_in_migration
    05-01 04:35 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4

    PART 1

    Sec. 203. [8 U.S.C. 1153]

    (a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:

    (1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).

    (2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -

    (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or

    (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

    (3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).

    (4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.

    [TO BE CONTD.]



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  • anzerraja
    07-20 12:22 AM
    Sam ,

    10 to 20 is too low.

    We are going to target for the entire 640(with $100 each) genuine guys. Comon, Good people like you are not that hard to find in IV.

    TOGETHER WE WILL GET THIS DONE BY TOMMOROW !!!



    good goin guys

    lets shoot for 10-20 pledges tomorow


    Comon show that we care for the Core team




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  • priderock
    05-11 04:28 PM
    I am not an attorney, but this is what I know:

    Yes, you can start a business, but you can't work for this company. Not even write a check on behalf of this company.

    You need to hire some one (like a general manager or president) to do these on company's behalf.

    You can run the company and earn profits (of course you need to pay taxes).


    I do not know whether you can apply a H1 for yourself to work for your company :) , My guess is you can't.



    Originally Posted by theOne
    Are you sure you can open a business on H1B ?

    Thank you,
    theOne


    Will someone please respond ?

    Thank you.



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  • psaxena
    09-10 04:00 PM
    The only way out is to either go back or get together in a group and help IV to move ahead..

    THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.

    QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]




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  • InTheMoment
    11-21 04:03 PM
    Dear Mehul,

    Just sent you a PM (Private Message). Check it.

    take care!



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  • Edison99
    02-01 02:10 PM
    asdcrajnet, very sorry to hear but good luck with your new efforts and live peacefully!!!

    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!




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  • apahilaj
    08-06 02:23 PM
    Has anyone who filed on July 2nd at Nebraska center and whose case will most likely be transferred to TSC (due to I 140 approved from TSC) got their receipts yet?

    I am still waiting...NO checks cashed yet...

    Thanks.




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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. ....




    technoboy
    10-13 12:17 PM
    Hi there !
    Just let you know guys, My checks got Cashed today.




    dish
    12-10 01:31 PM
    I had read on the other forums about people receiving phone-calls from USCIS with enquiries about the employer, client, wages etc. They introduce themselves as USCIS personnel and take sensitive information from people. Could they be imposters from the Anti-Immi Side. I do urge caution not to give any Info on the phone. If USCIS wanted info from the H1B holder, they would have done it through regular mail.



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