Sunday, July 3, 2011

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  • kshitijnt
    05-10 12:37 AM
    I can very well relate to your desperation and anger, but please don't react emotionally. The legal or technical fact remains that no-one guranteed us GC and truth of the matter is most of us said "No" when immigration officer asked " do you have plans to settle in State?" So their is no question of equitable treatment.

    . No Sir, I can't say thier is conspiracy as I know of none. As of us doing favor? ... is completly wrong, we all knew what and why we are coming here for. Had we had better choice we would have opted for that. Let's be honest to ourselves.

    That my friend is captilism and welcome to USA. No I am not going to accept, but I am also not going to wave my fist in air and cry in-justices.

    I am sorry to sound rude and know you must be going thru a lot and this news made things worst for you, as they did for all of us. But lets also accept the truth and believe me, things will change .... they will, when? I don't know but they will. Just don't lose hope.

    Until 2005 I did not want to settle here and hence I marked no on my visa application. After 2005, I changed my mind and we had applied twice (me and my spouse) and hence we marked yes on the question whether any immigrant application was filed on our behalf. No we did not lie there. And even if many people did, do you think those who come from Europe or visa free countries mark "yes" when they apply first time? So your point is moot there. Most people from visa free countries come here work here visa free and go back. They never even get asked a question. How come we get fingerprinted, photographed twice, interrogated twice and yet targeted when it comes to GC?

    I am not against capitalism but I am against fighting injustice such as you dont get GC because you were born in India. And yes change will come but if we dont do anything we get nothing.




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  • vicks_don
    04-21 09:50 AM
    Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

    Has anyone done this more than 1 times?

    How much % salary increase have you taken while changing jobs?
    How different was your job description and profile?

    What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?

    The answers for this questions would really help. Any one who has done this ?

    Thanks




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  • pvpb
    09-26 02:51 PM
    Thanks! i called them today and they asked me to wait for 90 days. My lawyer says tehy r getting receipt notices in that date range..maybe ours will be soon.

    Venkat




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  • MeraNaamJoker
    08-21 10:37 AM
    On Aug 17th the message changed to "On Aug 16th Card Production Ordered...."
    when should I expect the card in mail?

    Did you receive the welcome notices? The 797 approval notices is what I mean.

    Once you get that, from there within a weeks times you should get your physical cards.

    From the CPO mail at the most 2 weeks. That is the trend.



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  • kannan
    02-03 07:49 PM
    Count me too. I am from NSC to CSC, my case is still in CA only.I don't know what is happening. I have opned 2 SR's also. I am a july 2 nd filer.




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  • EkAurAaya
    10-30 03:46 PM
    Sorry if this has already been posted
    _____________________________

    (c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

    � A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and

    � The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.

    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.


    Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9



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  • Gravitation
    05-10 02:20 AM
    I had asked about this earlier too. Can one buy a business and sponsor others om H1-B when one is on H1B ?

    yes




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  • isantem
    02-23 10:06 PM
    Your receipt number for this payment is: 0578-5089-3157-9050.

    I just donated $100 for the event.
    I will be participating in advocacy effort. I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport- Capitol Hill)

    Thanks



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  • venetian
    08-26 06:23 PM
    I think I'm one of last person with the PD of 2005 to get approved.

    Service Center NSC.

    Had two infopass appointments
    Raised SR on 8/5/2010
    Many calls to USCIS national customer service
    Spoke once to second level IO
    Also contacted local congress man and tow senators
    My lawyer also contacted NSC regarding my case


    Not sure what worked but finally got it. Thank god that this eternal wait is over.


    Good luck to those who are all waiting.




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  • gdilla
    03-09 04:31 PM
    Why is the US the be all and end all of your life and career? Is Canada out of the question? It's not always rosey up there, but schools are just as good if not better than US, generally safer and less xenphobic, and they will welcome and appreciate your skills; pay you a fair wage (that through hard work and good relationships you can ratchet up over the years), and welcome your family. CAD is going up. US dollar is going down.

    Did you know that most large, publicaly traded, US hi-tech and financial juggernauts have thriving offices in Canada (to take advantage of high skiled quality workforce)? Intel, HP, Agilent, Cisco, Microsoft, IBM, AMD, etc. Start applying. And guess what, if you really pine for the start and stripes, you can work your way to a transfer back on an L1 visa which may up your EB category and reduce your wait time.

    http://www.cic.gc.ca/english/faq/immigrating-5.html



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  • Kalloo dada
    03-08 04:11 PM
    If you look at what you dont have in life, you have NOTHING; If you look at what you have in life, you have EVERYTHING

    I hope this helps:)

    Well said..

    Kalloo Dada




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  • CADude
    10-05 10:35 PM
    immigration-law.com

    10/05/2007: USCIS Receipting Delay - How Does This Affect You?

    The Ombudsman of DHS is scheduled to have a teleconference on this topic on 10/12/2007 from 2:30 to 3:30 pm, Friday. How do you participate? Click here.

    PLEASE NEVER UNDER-ESTIMATE YOUR EFFORTS OR POWER? Please contact if you wish to choose so.:D:D



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  • optimizer
    02-15 12:55 AM
    Contributed $100 for advocacy effort.

    Your transaction ID for this payment is: 93234020FK994614H.




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  • mariner5555
    05-01 02:36 PM
    actually the other question is why doesnt Murthy or IV asks the USCIS (whenever they get a chance to meet) ..to give a breakdown of the 485 pending by category by country. one would hope that atleast someone in uscis has access to such reports .. any idea, thoughts ??



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  • Sachin_Stock
    09-24 01:42 PM
    Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.

    As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.

    And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.




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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.



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  • prioritydate
    08-26 12:53 AM
    :D

    I received my Physical Green Card today.

    CPO : 08/19/2008 (I received mail on 08/20/2008)
    Approval Notice Date : 08/22/2008
    LUD : 08/25/2008
    Card Received Date : 08/25/2008


    Heeee..... they approved my EAD card yesterday! :eek:




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  • spulapa
    02-02 10:24 AM
    All the very best in what ever decision you take....!!

    You have to churn thru a hell lot of things before you make a decision and I'm sure since you have made up your mind you have taken into consideration all the aspects...!!




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  • GCStatus
    09-14 04:41 PM
    LAST BUT NOT LEAST

    Guys, If some one wants to discourage us or post anything other than words of caution or advise. Please refrain from doing that. We want people to stay positive and throw more positive energy to this thread.[/QUOTE]

    You the MAN




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