Tuesday, June 28, 2011

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  • acecupid
    09-27 09:11 AM
    We got the year..how about the month and day on which to port to eb2?;)

    Maybe consider hours, minutes and seconds too... ? :confused: lol




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  • sam2006
    08-14 06:36 PM
    I have yet to receive the card
    CPO mail on 08-09




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  • Santosh_gc
    06-26 10:26 AM
    Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.

    Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.

    The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.

    I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.

    It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.

    All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.

    If you calling someone racist, please explain why you are saying so.

    Santosh




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  • GCStatus
    09-16 04:42 PM
    Only 2 people stepped up today....

    How are we going to reach 1000?

    Give it the benefit of the doubt of members not looking. We will wait till Thursday.



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  • priti8888
    10-08 08:25 PM
    All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.

    .

    You're kidding me...How is your suggestion more efficient..????
    So they should keep sorting and moving visa numbers from one application to another based on PD.??
    if thats the case they would have to wait to give GC on the very last day of the year...




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  • mike_2000_la
    06-11 05:29 PM
    ND = 06/01 and RD = 06/06? how come ND is earlier than RD, when did you send in your application?



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  • technoboy
    08-24 10:16 PM
    EB3/India/PD OCT-2003
    I-140 TSC Pending LUD 08/05/2007
    I-485 NSC Filled on July 11 07
    RN ???
    EAD ???
    AP ???
    FP ???




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  • econ775
    10-12 10:43 AM
    Check got cashed this morning.. July 3rd filer reached NSC at 11.04 AM... it was a long wait...



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  • desi3933
    06-22 07:53 PM
    Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.

    BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.

    My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.

    Good luck.

    The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.

    Just trying to bring the other side of the coin.

    These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.

    I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.

    Good Luck to everyone and keep your hopes high.

    This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002




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  • gc_chahiye
    10-08 12:42 PM
    What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince

    having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.

    In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!



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  • gclongwaytogo
    10-09 03:20 PM
    Checks not cleared....No receipt. Nothing:mad::(:confused::(:mad:




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  • rs_123
    02-10 07:23 AM
    I am sending a $50.00 check today.



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  • mnkaushik
    08-23 12:59 PM
    I see a soft LUD dated 08/21/2010 on my 485 and existing approved EAD on my portfolio. What doz this mean? Any ideas? Anybody?

    My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.




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  • sankap
    07-09 09:34 PM
    Supreet:

    Based on my extensive research on the topic:

    1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
    2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
    3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
    4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.

    Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.

    However, a few follow up questions.

    1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?

    2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?

    3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?

    Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.


    Your help is highly appreciated.

    Thanks!!

    - S



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  • Jimi_Hendrix
    10-27 02:00 PM
    is going to be very short. Therefore we should not have high hopes of getting things through in this session. This is a long fight so keep persevering and keep up the hopes.

    On a separate note, there is no point in engaging in any conversation with these gentlemen who continue to post nonsensical statements. I have reported them to the moderator.




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  • sum12345
    08-28 02:28 PM
    what happened to it. No updates :mad::mad::mad:



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  • midguy
    03-26 12:08 PM
    Hi All,

    just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.

    Thank you.




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  • jk333
    07-08 01:18 PM
    Excellent points dvsnm.

    Once the date, time, and agenda are fixed, we'll hit the roads.
    We can also come out with a common flier.

    Adding to this:
    * Each major company in the bay area must have their own internal
    network/alias. They can spread the word within and pool in more support
    for this.

    -JK

    Guys I am looking at this thread for the first time today and want to put some comments:

    1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.

    2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.

    3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.

    BUT, you know what we are missing?:

    1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?

    2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?

    3) No usage of the library notice boards.

    4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?

    I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.

    Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.

    As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.

    P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.




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  • sankap
    07-10 12:47 PM
    @desi3933:
    Are you suggesting that AC-21 job does not need to be bonafide?
    Then you claimed that AC-21 job does not be same/similar to labor/I-140.
    Where did I say that AC-21 job does not need to be the same as I-140 petition? It's clearly a requirement on the Yates memo. "Do you even read what are you saying" (to quote you)?


    Second, re "permanent" job, the Yates memo clearly doesn't say that requirement--the RFE you quoted does . Also, since no source has been able to define what a "permanent" job is, I said that ALL contract jobs and self-employment can be shown to be permanent. Surprisingly, your interpretation is that NO H-1B job is "permanent!"


    Now you have changed stand on these two after seeing one RFE example.
    I did not change my stand on "permanent" job--no source has been able to define what that is. So, inserting that in the EVL in case of as RFE should not be a problem.

    Now, you are saying new AC-21 job does not be bonafide.
    I'm not saying that the "AC-21-job does not be bona fide." You *assumed* that, which is what you need to stop in your arguments. All I asked you is, where did you read that?
    Do you even read what are you saying?

    .




    imconfused
    07-08 11:22 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    i agree.. thats being professional and ethical..




    coloniel60
    06-11 01:17 PM
    When I asked my employer to send me an employment letter so that I can file my I-485 application on my own, my employer insisisted that I mail him all the I-485 documents and a check for $2500 on his name and that he will add the employment letter and mail the application to USCIS.

    Apart from gaining $1000 (2500 I sent him - 1500 for I-485 fees) does the employer benifit anything by mailing the application himself. Am I correct in assuming that I will receive the receipt notice even if the employer mailed the application to USCIS (He is not using a lawyer to represent me)? :confused: :confused: :confused:



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