Tuesday, June 28, 2011

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  • amsgc
    07-24 11:36 PM
    I stumbled upon this thread on - it is about a person who was denied entry at Vancouver (POE) after landing in canda. He was using AP.

    http://www..com/discussion-forums/i485-1/122557139/




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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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  • krishnam70
    07-05 02:03 PM
    There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.

    I think you need to read the grounds on which AILA and other think there is a strong case again. You dont understand the basic issue.. yes they can change the bulletin any time they want, that is perfectly within the law and yes they are not bound to pay compensation. However the fact that in making the dates current overnight and adjudicating so many cases in such a short time and actually requesting a visa # from DOS etc etc are all contravening the law and thats why there is a strong case..


    see this thread in IV for more info
    http://immigrationvoice.org/forum/showthread.php?t=6063
    cheers




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  • BharatPremi
    09-19 07:14 PM
    Any solid prediction on EB-3 I

    I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(

    By August 2009 buletin, EB3-I will settle between 2005 Jan-May.



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  • Blog Feeds
    05-08 02:20 PM
    The EB-2 category for Indian nationals has retrogressed four years and will be set at January 1, 2000 for applications received beginning June 1st. If you are from China, the backlog is five years less - February 15, 2005. And if you are from any other country in the world, there is no wait at all. I am really appalled that Congress allows such an unjust distribution methodology to remain the law. No country is permitted to claim more than 7% of the numbers in a green card category. That means tiny countries like Andorra and Botswana get the same...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html)




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  • GC08
    07-08 09:01 PM
    I think lawsuit is always the "last" resort, esp. to us, legal immigrants. So long as there is a way to make sure they are treating us "fairly", no one wants to sue. This time, they just pushed us around so harshly that people could hardly bear it any more. Think about the past several years... all the chaos, backlogs, visa # wasted... Even if we are not given all the rights, we still need to fight for what we deserve. If no one chanllege status quo, slavery and segregation would still probably exist and women would still not be able to vote.

    By the way, I think whatever we do to get the situation exposed, we need to put this episode into a context, i.e., the history of mistreatment of EB immigrants and the mismanagement of the green card process. In other word, we are not just a bunch of people (like illegals) who just walk in the street to demand green cards. We are sueing and demonstrating because the process is so mismanaged that we have been the victims for a long time. ... just my thoughts.



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  • rennieallen
    10-09 12:29 PM
    Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?


    Hmmm, I don't think this is a very good analogy to support your position.

    Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)

    Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.

    This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.

    This analogy is a nearly perfect counter example to (what I believe is) your intended point.




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  • mchatrvd
    09-10 02:27 PM
    IV is not biased against any EB category. Their goal is to have process so that everyone gets GC in one year from date of application. These categories are set by USCIS. IV is currently in process of detailing solutions to end this misery of all EB category. More details can only be find in your respective state chapters. We cannot disclose details on the public forum. I will urge you to join your state chapter so that you are aware of what all IV is trying to do. IV is not trying to make system work for EB2 or EB1 but for everyone. There are lot of solutions, but we need to lobby and for that we need volunteer. Remember IV is not a corporate who has people working on its payroll and getting revenue. All of us need to contribute and volunteer. Trust me the day all of us (at least number of people blogging currently) join their state chapter and volunteer couple of hours in a month, you will not need lobby. The public voice be enough to convince Hill and House to pass a legislation.



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  • sathishkrish
    11-21 10:40 AM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Dear Mehul,

    I am really shocked to hear this and I pray god that you fully recover from this ordeal. I am going to call my Attorney to see if he has any options out.

    Satish




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  • desi3933
    07-08 10:45 AM
    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.


    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.


    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......

    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .



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  • makemygc
    08-01 05:11 PM
    If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)

    But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.




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  • hpandey
    12-16 01:41 PM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?

    Believe me dude when I say that GC is not the real problem of being depressed. There are other so many kinds of problems in life which have no bearing on whether you have a GC or not . I personally have some of them and I wish they were gone . They are my priority and to me GC is just a vague distant dream .. if it comes true well and good or else life goes on.

    Health, family and friends come above anything and if you have all these lined up good and well they beat having a GC :)

    Get busy with anything that you can find .. maybe try making some friends and you will find "its a wonderful life !"



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  • akilaakka
    07-24 09:45 AM
    EAD applied on June 04, 2008
    EAD production ordered June 27, 2008
    EAD received July 03, 2008




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  • rogerdepena
    10-02 01:33 PM
    i'm sorry to hear that some july 2 filers ares till not getting receipt notices. anyway, here's mine:



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  • andycool
    08-20 01:23 PM
    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")

    Me....

    SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
    Info pas...on Aug 06...> with officer wait 30 days..




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  • ruby
    07-20 11:50 AM
    I have a suggestion regarding this (just a thought). Maybe some DC members can provide contact to core IV, so that when these guys go to DC, they can stay with IV members than staying in hotels. This will save some of their personal money. We should donate our airlines miles (I know this was discussed earlier also).



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  • irock
    08-27 04:34 PM
    my lawyer just faxed me my I-485 receipt.

    Center: NSC
    RD: 26th July (sent on 25th July)
    ND: 22nd Aug
    140 was approved at NSC. No LUDs on my approved I-140 or H1s.

    Attorney sent his checks, so don't know whether those checks are cleared or not.

    Even though I applied 485, AP, EAD for me and for my wife in the same package, we
    received receipt for only my I-495. Hey, I'm not complaining. Just passing this info to you guys.




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  • GreenMe
    07-10 09:52 AM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD




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  • sanjuatl
    09-08 03:44 PM
    Just saw the below mail from one user in immigration portal dot com....not sure some say Visa numbers are done for this year and same time we see Approvals...May be the below one gives some hopeeeeee....Just a little bit ...





    Just checked the online account AND the 800 no. status. I see the following status email:

    On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Below are my details:

    PERM Labor filed : 07/0105
    PERM Labor approval date : 09/19/2005

    I-140 and I-485 filed on: 09/26/2005
    I-140 Approval date: 01/26/2006

    First FP:10/18/2005
    Second FP: 04/19/2007
    Third and Last FP: 09/03/2008

    I-485 Approval Date: 09/08/2008

    Filed for Expedited AP on 07/22/2008. That was approved on 08/14/2008.
    Went to India on 08/19/2008 and came back to US on 09/01/2008 to do FP as lawyer's office had emailed me about the FP letter they had received right after I had left!

    For I-485, took help from local congressman's office in 2007 for name check clearing and security check clearing. They also helped me last month for getting the FP appointment letter for expired FP.

    Finally, thanks to you all and this forum for uncomparable help, free info., insights and opinions.

    I wish good luck to all of you that have pending cases.

    My service center is/was TSC.
    Natinality: Indian
    Catagory: EB2

    Thanks
    Last edited by greatgc; 8th September 2008 at 10:47 AM.
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    #2
    Old 8th September 2008, 10:38 AM
    LaborBadhi LaborBadhi is offline
    Registered User

    Join Date: Sep 2004
    Posts: 1,087
    Congrats! Njoy Green!!!
    __________________
    Regards,
    LB.
    PD: 9/27/02 EB3 VSC->TSC - 3/15/07
    I-140 - ND:7/16/05 Ad:4/3/06 LUD:12/22/07
    2nd I-140 - RD:4/10/07 AD:4/21/07 LUD:8/5/07
    I-485 - RD:6/30/05 ND:7/16/05 LUD:8/10,11,22/05, 3/27/07, 7/20,22,27/07, 2/3/08(wife) 9/30,10/1, 2/6/08(self) AD:?/?/??
    EAD1:ND:7/16/05 AD:8/19
    EAD2:ND:5/22/06 AD:7/17
    EAD3:ND:5/21/07 AD:7/16 8/3
    EAD4:ND:5/09/08 AD:6/03, 6/19.
    AP1:ND:7/16/05 AD:8/26/05
    AP2:ND:1/31/08 AD:3/3/08
    FP1:8/10/05 Code 3
    Fp2: 5/10/07 Code1
    NC Cleared: 9/21/05




    abq_gc
    08-18 02:36 PM
    What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.

    These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.

    Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....




    geevikram
    07-20 09:40 PM
    Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...

    No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.

    What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?

    I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.

    Again, please do not twist what I said. I rest my case.



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