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  • alias
    08-18 02:35 PM
    This is weird... It does'nt look like you are joking, so are you are indirectly demanding and taunting a Mr anonymous to take some action?

    action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:

    I am joking 100%




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  • Ramba
    07-10 02:11 PM
    Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.

    Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.

    Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)




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  • factoryman
    07-02 12:15 AM
    with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.

    In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.

    Apply.

    Hi guys,
    With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
    I wish all this was a little less complicated..:confused:




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  • unitednations
    03-07 12:27 PM
    I hate to say this since I'm charged to the India queue as well. However this will not get solved soon. I saw on CNBC this afternoon that there were something like 53K H1b visas for Indians last year, next was china with like 8 or 9K, then others(I had no idea it was that lop-sided). When H1b visas are going so disproportionately to one country, the only solution to solve the EB green card logjam is to either put country caps on H1b visa or lift it on EB green cards. This is not opinion, it is quite simply a fact. Absent that, we can consider the EB green card route closed for anyone from India.
    There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.

    I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

    People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

    A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

    Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

    Everyone should try to understand the reality that we are in.



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  • cjain
    11-01 03:59 PM
    ^^^^^^^^^^^
    what happens if one changes job after 180 days but the I-140 has not been approved?




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  • tonyHK12
    02-15 09:18 AM
    How about we ask our lawyers to contribute for this event?

    Good idea, I was informed some have helped in the past.



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  • kawosa
    08-31 06:52 PM
    I just got this email... I have no idea what ADIT means... Does this mean approval? Good luck to those still waiting .. especially the EB3 crowd...
    Does anyone know how long it actually takes to receive the card?
    __________________________________________________ _______

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Decision

    On August 31, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.


    During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.


    If you have questions or concerns about your application or the case status results
    listed above, or if you have not received a decision from USCIS within the current
    processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Check Processing Times.

    *** Please do not respond to this e-mail message.

    Sincerely,

    The U.S. Citizenship and Immigration Services (USCIS)




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  • CADude
    08-06 06:42 PM
    Working with approx 500+ applications with best possible way and answering your calls. What else you are expecting? :D :D

    I have PD of Dec 2005 and I140 approved in June 2006 from TSC. Filed 485 on July 3rd .checks not cashed yet neither received the Receipt notice. Called up and lady checked the system and my 485 app is not in the system. She told me to call around 20th to check the status. What are they cooking ? I am not sure.



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  • pappu
    07-21 10:08 AM
    IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.

    This is correct. You not only need funds but also lot of warm sweaty bodies. !!

    We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.

    There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.




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  • chmur
    07-28 12:04 AM
    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.


    So what were your expectations from EB3-I in those past years .... to fight for EB2-I and write to USCIS saying please don,t issue GC's to us but instead use those Visas and issue it our EB2 - mates.

    Dude ..awesome post



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  • archanais
    07-04 06:09 PM
    When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
    They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.

    I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement letter.They are ready to do corp-to-corp, forthat have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost.

    To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).

    Shall I start green card again with company Y ?
    Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.


    :( I am almost in tears.




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  • zeta7
    07-21 11:54 PM
    Hey guys

    My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!

    I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?

    Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?

    -thanks.



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  • rameshvaid
    11-19 08:41 AM
    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.

    I will try contacting them today and will keep u posted..

    Best..

    RV




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  • GCStatus
    09-16 05:41 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.

    This is what we like to hear !. Please send your name, e-mail and ph# to man-woman-and-gc who maintains details for us.



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  • vij
    06-15 05:10 PM
    Who gets the receipt notices - only atorney or both atorney and employer/employee




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  • sankap
    07-12 06:27 PM
    ...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
    Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?


    I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
    Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.


    If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
    H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.


    Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
    Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.


    AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
    If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.



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  • sanjeev_2004
    09-13 03:06 PM
    Dear All:
    I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.

    Create a new thread for TSC.




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  • h1techSlave
    03-28 11:16 AM
    You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D

    At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
    move ahead very slowly from June 08 2007
    2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.




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  • HOPE_GC_SOON
    07-28 06:27 PM
    Gurus:

    Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.

    I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)

    This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin

    Is this something to cheer:)




    mallu
    12-16 08:18 PM
    I consider the 30-40 range 'golden' years . Enough experience to handle various things without much botheration of senility. Depression is not continuous, but comes once in a while. Currently i am optimistic that India EB2 will move forward starting Oct.2008 and my PD of Nov.2002 will become current some time in 2009 and i will be inching to 10 years of SSN eligibility.

    I also have following kind of worries too, which haunt me often.
    Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.




    geevikram
    07-20 02:46 PM
    Correct me If I am wrong

    out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.

    Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....

    Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved

    Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.

    Many people are saying that EB3 members are not contributing that's why you are lagging etc...

    EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...

    JavaDeveloper,
    Let's assume EB3 at 11.25K. They all know that their are royally screwed unless there is legislative action. So, I would expect 11.25 K EB3 to be at the front of this funding drive. Let's face it EB2 will likely become current sometime in 2012 (per Q and Teddy in other thread), no one is ever predicting this to happen for EB3 barring law change. IF you are in such a big hole, you will have to come forward and work for yourself. We want others to work for us and solve our problems. That is my issue here. With 11.25 K EB3 members we would have still collected quarter million bucks.(@ 25$/person) If EB3-I does not care for itself, why would anybody else give a damn? (PS : I did contribute for the drive as I want everybody's issues with respect to GC resolved, not just mine)

    So, the original post still stands true.



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