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  • anju
    12-19 02:29 PM
    On the same boat. Filed SR twice. No fp notice yet.




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  • supers789
    05-12 07:08 PM
    Hoping to get some direction / response from IV core.. surprisingly quiet CORE grp this time..




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  • sankap
    07-10 09:52 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?

    Re wages, here's Yates memo verbiage:

    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”

    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.




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  • amits
    07-20 06:40 AM
    I'm in ... $100 from my side.

    We're lucky that IV leadership is so devoted to 'our' cause. There would be very few individuals in this world, who can even think of selling their house for benefit of a group. Hats off to Aman!!! You're a hero, sir!!!

    Now here is our leader selling his personal house for a collective good, and here we are.... a group of 21000 and not more than 2000 (optimistic figure) are contributors... A big shame!!

    Those who got benefited by selfless efforts of Aman, and core team, but still did not contribute ... do you have any explanation for 'yourself'?

    It's not about $10, 20, 50, 100 .... A person is ready to sell his house for your cause and you can't even make a small contribution in your own cause.

    Those who are not contributing, and some who still have doubts, just read numerous media reports of praise of IV and how IV was instrumental in the outcome of July 2nd visa mess. And then..

    Just stand up in front of a mirror and ask yourself - is your inaction justified? Is it your pocket that does not allow you to contribute or it's just moral poverty that doesn't let you do it? Is it justified to just 'wait and watch' how others fight for you, and when it comes to reaping the fruits.. you'll run to be first in line.

    Is it not the time that you come out, listen to your antar-atma (inner soul) and contribute something for your own fight....?

    _______________________________________________
    Contributed $550, includes $50 recurring from july 2007.
    Pledging $100 for this thread.



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  • snathan
    02-09 12:41 PM
    Only five guys so far....pathetic.

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




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  • chi_shark
    07-10 02:44 PM
    i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.

    As per info on that page, it says clearly
    "The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"

    How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.

    I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.

    .



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  • rdehar
    10-09 12:02 PM
    So, while we are amusing ourselves:

    How about ancestoral property?
    How about skymiles?
    Number of children?
    number of posts on IV:D




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  • skillet
    11-21 03:21 PM
    I am dumbstruck. I do not have words to express anything. May god give you enough strength to face this. Explore all the remedies. Believe in yourself. You will be fine
    Regarding GC, I think its better to consult immigration attorneys
    Good luck



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  • EB2_Jun03_dude
    11-28 07:49 PM
    PD: EB2 India - Jun03
    I140 approved: Nov 05
    I-485 applied: Jun 05
    FP1: Jul 05
    FP2: May 07
    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    This morning I received USCIS email alert for both my wife and I.

    My I-485 application got a RFE. "We mailed you a notice requesting additional evidence". Will have to wait for the formal letter for the details.

    My wife's I-485 application however was transferred to Newark NJ for interview. "This case has been sent for a standard interview."

    I have a ton of questions at this stage. here are few in you gurus can help me while I am waiting for the RFE letter.

    1) Will the RFE letter be mailed to me or my attorney ? what has been ur experience? do you get it in one week ?
    2) why USCIS has split the processing of my I-485 and my wife's I-485. Her I-485 is transfered to Newark, NJ while mine is pending at TSC (now waiting for RFE response).
    3) How much time will I have to respond to the RFE? Based on the new guidelines (http://www.murthy.com/news/n_timrfe.html) , I expect that to be stated in the RFE letter.

    thanks in advance.




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  • kumarc123
    05-08 02:44 PM
    Please contribute...

    How about getting together on the 20th of this month,
    Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.


    Act fast, I know 20th is close, think about is as an emergency



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  • GCNaseeb
    09-12 09:24 AM
    Please create link to main page So that everyone can access easily.

    Its been noticed that the updates are not seen from the main page right from it was created. Better yet to create a new thread under members only thread and try merging these.




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  • diptam
    09-29 11:46 PM
    Your employer do NOT have to give LC or Original 140 to you for invoking AC21. If you have 485/AOS receipt ( which is your personal property) and you got a copy of 140 receipt ( if not approved) / copy of approval notice and that 485 shows more than 180 days from RECEIPT DATE you are good to switch Jobs.

    Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.

    When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.

    If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.



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  • Pallavi79
    01-30 07:48 PM
    <Quote>What�s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It�s all part of the game</Quote>
    Completely agree with you.

    <Quote>Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it.. </Quote>
    Funny .... Lawyers, Senators, USCIS Employees accept that, current immigration is broken. The current immigration does not make sense. But we want make some meaning out of it.




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  • tonyHK12
    02-24 09:20 AM
    thanks neelu8, good to know we'll be seeing more people in DC.

    Total Contributions...........$8,325.00
    Amount to be raised.......$41,675.00
    .
    .



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  • Mahatma
    12-20 03:05 PM
    Never make anything a weakness....thats when you will feel you have everything to lose if you don't get it.

    This is one of the very wise and rational answers that I liked. It comprehends the truth of life!




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  • minimalist
    08-18 02:05 PM
    My reaction would have been the same if you were in Eb1 category. The fact is that I am trying to mobilize some people to get few things done. Of course, motivated by my self interest.

    I was against SunnySurya's porting agenda and still am. But the current issue he is taking up is a genuine one. There should be a reasonable processing expectation that the earlier the PD the sooner the GC,with all other things (like category)being equal.

    However eb3_nepa has a valid point too that you can't expect to utilize core's time/energy.
    In my opinion, SunnySurya is going in right direction championing this cause.
    All the best.
    --
    EB3 -I , May 2006
    Contribution $100



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  • simple1
    05-01 01:32 AM
    thanks akred for refering INA. I went through it now

    In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    IV Core. Can something be done to highlight this issue in your conversation with authorities ?




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  • rk07
    09-28 11:34 AM
    Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.

    Not sure of LUD. Today I checked online account and I saw checks got cashed and receipt #'s starting with WAC at the back of the check.

    Waiting for the scanned copies of receipts from Attorney.

    Thanks,
    -rk.




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  • sobers
    05-02 10:42 AM
    The Brownback and Bingaman amendments need to be incorporated into this bill.

    ===

    Compete America Praises Introduction of Cornyn Legislation to Reform H-1B and Green Card Systems

    'SKIL Bill' Would Relieve Crisis Facing U.S. Employers of Highly Educated Foreign Nationals

    Washington D.C. - Compete America today praised the introduction of the "SKIL Bill" by Senator John Cornyn (R-TX) to reform both the H-1B visa and employment based (EB visa) green card processes. The legislation is cosponsored by Senators Allard (R-CO), Allen (R-VA), Bennett (R-UT), Enzi (R-WY), and Lott (R-MS).

    The SKIL Bill is the latest indicator that both the United States Senate and the Bush Administration are prepared to fix the visa system for highly educated foreign nationals. In addition to the SKIL Bill, Compete America has endorsed measures contained the Senate's comprehensive immigration legislation addressing H-1B and EB visa issues; and has also endorsed President Bush's call to ensure access to talent as part of the Administration's American Competitiveness Initiative.

    "Senator Cornyn clearly understands the contribution highly-educated foreign nationals make to the U.S. economy and to Texas," said Texas Instruments CEO and President Richard K. Templeton. "The Senator's bill reaffirms America's proud tradition of welcoming top talent to this country. The reality is that most scientists and engineers with advanced degrees from U.S. universities are foreign born. The competition for talent is truly global. If the U.S. wants to win, we absolutely must encourage these advanced degree holders to stay here and get their green cards - not send them home to compete against us. The 'SKIL' bill really advances that goal."

    Both the H-1B and EB visa/green card programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to the U.S. economy and global competitiveness. However, H-1B shortages have been well documented, and backlogs in the green card system are getting worse, forcing thousands of valued foreign-born professionals - including researchers, scientists, teachers and engineers - into legal and professional limbo for seven years or more.

    Among the provisions of the SKIL Bill (Securing Knowledge Innovation and Leadership) endorsed by Compete America are the following:


    Exemptions for U.S. educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so their talent can be retained in the United States.

    Creation of a flexible, market-based H-1B cap so that U.S. employers are not locked out of hiring critical talent.

    Extension of foreign students' post curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card.

    Exemptions for EB/green card immigrant spouses and children from the annual cap, thus making more visas available for the professionals we need.
    The SKIL Bill contains many of the provisions for reform of the H-1B visa and EB/green card systems that are present in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA).

    "The Senate is ready to address the problem facing U.S. employers of highly educated foreign nationals," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair. "It is incomprehensible that Congress would address broad immigration reform without fixing the system that brings legal, highly educated workers to the U.S. We are grateful to Senator Cornyn and the other cosponsors of the SKIL bill as well as those who have supported the inclusion of similar provisions in comprehensive immigration reform."




    at0474
    03-26 10:46 AM
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2


    --Sounds good coming from you BP! You seem to have played with past statistics of EB3/EB2 categories. One question though. When you say NC, do you mean Name Check? I thought that was not a hurdle to get GC anymore. Unless ofcourse they find out something deragatory in the background later on, they might repeal your GC etc., Correct me if I am wrong, why 10% in NC????




    ars01
    07-19 08:31 PM
    $100 from me.

    Rahul :)



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