Tuesday, June 28, 2011

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  • newbee7
    07-10 10:04 AM
    eb3_nepa,
    This flowers campaign is based on the principles of non voilent protest.




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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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  • SGP
    09-27 09:45 AM
    saw an interesting video on youtube the other day. The first thing that came to mind was the eb2-eb3 fights. If only we can fight together rather than each other ! ;)

    youtube - every indian must see this video (http://www.youtube.com/watch?v=dc4ultkrjsw) exellent one. United we stand divided we fall. The british too took advantage of our non-unity. Let's learn a lesson from our history.:)




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  • JazzByTheBay
    09-28 04:36 PM
    Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.

    If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.

    As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.

    It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.

    jazz

    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.



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  • conundrum
    02-02 02:01 PM
    While I was in school I did hear about desi body shoppers, but never thought of using one. But it so happened, that I was offered a job with a company that makes defense stuff and they wanted to use my service since I had a specific set of skills. They couldn’t have anyone, other than a US citizen or PR, working on other premises as it was considered to be a secure zone. So these guys hired an office for me in the building next door to theirs and even lined up a desi consultant that the HR guys knew so that I could work for them as a consultant. I was working on my OPT initially and then got my H1 through the desi body shopper. As most desi body shoppers go, he started eating into what was paid for the hr that I put in. The company that wanted to hire me was even paying this desi guy to get my GC, but he made sure that he was doing it as slow as possible. Finally both the company and I got sick of the whole thing and I finally found a job where they were more than happy to sponsor my H1 and GC. The defense company that I worked for before at least until a couple of months back was checking up with me to find out if I had got the GC, I am sure now the situation would be different.

    The point I was trying to make was, no one wants to use a body shopper if possible, but at times you are forced into a situation where that is the only option available. I am not asking anyone to empathize with people who are working for a body shopper who is fleecing them, but at the very least don’t condemn them.


    You're kidding right? No one I know has ever used a body shopper. It is only on forums like these that I hear about people who got H1Bs through a body shopper and are now complaining they don't get paid and wondering if they are in status.




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  • Sideliner
    07-20 09:36 AM
    100$ from me. Please let me know how and when. Thanks



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  • Pineapple
    10-27 12:21 PM
    Just to clarify, it is just one person (The Ombudsman), not "folks". My previous comment was meant to illustrate the absurdity of such a suggestion.

    For those who did not get my reference to "Ed Anger" of the Weekly World News:
    http://en.wikipedia.org/wiki/Weekly_World_News

    Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.




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  • supreet
    07-10 01:26 PM
    Desi/Sankap,

    I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -

    1. Job should be bona fide (without going into the definition of the word).
    My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.

    2. Should have similar/same job duties/responsibilities.
    I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.

    3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
    Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).

    Thanks!!

    - S



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  • pranavgandhi
    09-16 05:39 PM
    This is the first time I think, it is worth to contribute.

    99.99% going back to India but still ready to contribute for this cause.

    See if we can do something at international level.
    Be in major news. Show them what US is doing with immigrants.

    Taking money with all for all citizen cause and not giving single benefit.

    Most eligible country for filing Bankruptcy.




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  • qplearn
    12-12 08:39 PM
    :D

    Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

    If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.



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  • gcisadawg
    01-31 04:38 PM
    In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.


    That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!




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  • pappu
    11-18 06:20 PM
    Dear Mr. XXXX
    Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).

    The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.

    As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.

    Thank you again for sharing your views with me.

    Sincerely,

    Sherrod Brown
    United States Senator

    P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..

    No. Pls only focus on the specific message in the email you had sent. Do not send another email to the email you have already sent and have it be ignored again or take a different route in the messaging.

    Now you would want to call the office and talk about the points in your letter and ask why you did not get specific response to your suggestions. You wish to speak the legislative aide / immigration aide and discuss the issues in person rather than getting such automated messages that does not help you 'the constituent'. This is a serious issue for you as a constituent and would like it serious consideration by the office and discussion with you.

    Take the matter a notch further and raise it. Then contact IV to help you out with the next steps.



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  • desi3933
    07-09 09:46 PM
    Desi393, FinalGC, Ramba:

    You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation.....

    First read this post.

    http://immigrationvoice.org/forum/473142-post12.html

    This should clear your doubt. You can read RFE issued by USCIS on other forum as well. The word "permanent" is right there.


    .




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  • mirage
    03-07 10:23 AM
    Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..

    Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
    Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).


    Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.

    Even though we are far from Citizenship test, I know there are 3 branches of government,
    Judicial, Legislative and Executive.

    We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.



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  • flresident
    08-21 06:21 PM
    This is for my wife's first time EAD.

    Category: EB2, TSC
    Priority Date: June 20, 2006
    I-485 filing date: July 17th, 2007
    Paper based EAD application Received date: Aug 8th, 2008
    LUD : Aug 12th, 2008
    Card Production Ordered : Aug 16th, 2008
    Card Received by mail : Aug 21st,2008 ( valid for 2 years)

    Whole process took around 2 weeks.




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  • techbuyer77
    06-18 06:45 AM
    me too



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  • arumalla
    07-09 11:09 AM
    I guess I saw a mistake on the writing....

    On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007

    It is June 13th not July13th the first visa bulletin sent out by DoS.

    Thanks
    Chandra




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  • Ram_C
    11-06 02:09 PM
    Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.

    Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...

    not sure how far its true but came across some posts on http://www.immigration.com
    stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.

    I'm also in the same boat, haven't opened SR yet.

    good luck :)




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  • sGC
    08-22 12:29 PM
    On Aug 19th we got our CPO emails. I was on vacation so couldn't post the message to the site. After that no updates from USCIS. Still waiting on the Notice mails.




    gccovet
    02-09 12:50 PM
    Only five guys so far....pathetic.

    Guys Wake...are you the one want to fix the problem or just another free rider

    Thank you Snathan, hrushi_j, Mightykandy, Mhkumar.............

    Only 6 so far....

    IV Handle Date Amount Unique Transaction ID # Pledges?
    AkhilMahajan 2/9/2009 $20.00
    GCCovet 2/9/2009 $21.00 Pledge $50 when 5K
    hrushi_j 2/9/2009 $21.00 59F40058D17019301
    Snathan 2/9/2009 $20.00 5G807044SR6324537
    Mightykandy 2/9/2009 $50.00 2TK69366JX343500H
    MHKumar 2/9/2009 $21.00 3D0578784M4536128




    ajaykk
    07-21 01:33 PM
    Mailed on 07/14
    Recvd: 07/15
    Soft LUD's: 07/17, 07/18 & 07/20



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