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  • desi3933
    06-26 02:55 PM
    Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose

    >> you have nothing to loose

    How can you say that? Do you EVEN know what are you saying?

    I suggest you talk to lawyer before losing "something".




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  • GCapplicant
    03-28 12:24 PM
    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)

    The priority dates or per country limit does not matter for USCIS right now. My prediction is USCIS currently must be working on the following reconciliations in order to avoid duplicating visa numbers and wasting visa numbers. Unless USCIS have the correct number of visa requirements, the dates will not move forward.
    Reconciliations
    1. Converted or converting cases from EB3 to EB2
    2. Two Sets of applications from the same family ( Husband and Wife)
    3. I-140 from multiple employer for the same applicant (Both Hunsband and wife).
    4. Two different Alien numbers.
    5. The cases stuck in the name check and realased becaues of 180 days memo

    Once everything is sorted out...its going to be one click away for USCIS to adjusdicate the cases. If DOS moves the dates before USCIS sorting out the above, they are inviting a law suits or Mandamus writ due to outside of processing time. Now USCIS is having breathing time by keeping the priority date backward. Probably, after all the reconciliations, unused visa numbers may be recaptured

    The above is my assumption for visa dates are not moving forward.




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  • dentist1
    08-31 04:27 PM
    All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)

    Please ban this guy.We are Indians all of us from North, South, East or West India. We are Indians.




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  • madhuvj
    09-15 03:39 PM
    You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.

    Originally Posted by VivekAhuja
    You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.

    Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.



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  • sankap
    07-09 10:00 PM
    Chandu,

    1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

    [Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]

    Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."

    2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."

    I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."

    sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
    the "permanant" job means "the job is always there" as per projection.

    even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

    The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

    So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

    Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

    Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now




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  • vij
    06-18 10:59 AM
    She told me she got it aorund the 6th
    Thanks buddy



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  • asdcrajnet
    02-01 04:45 AM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!




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  • venkybr
    09-19 02:50 PM
    Hi...
    All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
    Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.

    Did you mean your checks were cashed on Sept17th instead of July17th ?



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  • dc2007
    12-17 12:57 PM
    1. Good health (which we often take for granted)
    YEs

    2. US born kids (at least they are citizens, if that's important to you)

    Not married no kids
    3. US education (a different experience for sure)

    No us education



    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)

    No savings no big salary
    5. Good work experience (this is transferable and more or less ensures a decent future)

    Yeah just started career
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    Dont know about that

    Been herr from 7 years..

    Dear,

    What are you doing for 7 years in US if you have not studied here and just started career ? or I have mis-understood what you said above?

    But to me if you are not saving some money while in US, its not worth it staying here, away from family/friends.

    Good Luck




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  • desi3933
    07-08 10:22 AM
    This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?

    Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.

    http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf

    Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.

    I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.


    .



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  • mani_r1
    09-01 01:53 PM
    We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.




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  • indyanguy
    10-03 02:43 PM
    Thanks for the reply.

    I had trouble finding the memo from Dec 2005. Can you please link it?

    Thanks again



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  • dtekkedil
    07-10 09:53 AM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD

    Check the USCIS Home page-

    http://www.uscis.gov




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  • Shaikhtabrez
    07-12 01:01 PM
    New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)

    does this mean one cannot use wad for primary job?



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  • sam_hoosier
    12-16 06:45 PM
    if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.



    Absolutely agree :) However, keep in mind that if one door is closed because of not getting/delay in getting GC, there are other options too.

    A good example is EAD & AC21 for people who do not want to stagnate in their careers. Now you might say that using AC21/EAD has risks, but then remember the old adage "no risk, no gain".

    If we expect life to hand us everything on a silver platter, and get depressed if that does not happen we just ruin our happiness & peace of mind.




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  • kosu
    06-15 08:22 PM
    Mailed to TSC on: June 5th 2007
    Mailed From State: VA
    Received at TSC on: June 6th 2007
    140 approved from : TSC
    Receipt Date: June 11th 2007.

    Got the Case Number from check image. Still not received my Receipt Notice.



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  • abq_gc
    08-18 03:03 PM
    Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.

    Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here

    Ok no more cursing... and I agree it wasnt the most sensible thing to do on my part.. but man.. I am frustrated.. and I know so are you but can we please think about it with a cool head and come up with something ????




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  • viper1400
    02-11 11:30 PM
    IV,

    I know you don't want us to use paypal - but I think that might be delaying lot of contributions.

    Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.

    Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.


    Sent $54 to cover some paypal expenses
    You have sent $54.00 USD to donations@immigrationvoice.org.

    Contribution so for $204




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  • rmdsouza
    06-24 04:21 PM
    100% of anti-immigrant poll questions focus only on the Undocumented. We are only addressed as an afterthought.. mostly in the analysis nowhere else NADA. Here is a sampling of NumbersUSA poll questions..

    Here is a sampling of the questions..

    Public Opinion

    NumbersUSA.com's goal of reducing annual legal and illegal immigration to more traditional numerical levels enjoys broad based public support. Virtually every major poll that has been conducted in the past decade finds that a majority of Americans support lower immigration numbers. As many of the following polls suggest, what we are for is the same thing a majority of Americans are for. CLICK HERE for our Public Opinion Archive.



    Prefer Lower Numbers

    Sixty-seven percent of Americans approve of the U.S. government deporting illegal immigrants to the country they came from.
    Opinion Research Corporation/Lou Dobbs poll, June 8-11, 2006

    Sixty-seven percent of Americans would you like to see the number of illegal immigrants currently in this country decreased.
    Opinion Research Corporation/Lou Dobbs poll, June 8-11, 2006

    Fifty-seven percent of registered voters believe the illegal immigration situation in the United States is "very serious" and twenty-nine percent believe it is "somewhat serious."
    FOX News/Opinion Dynamics Poll, May 16-18, 2006

    Fifty-five percent of registered voters "favor" trying to send as many illegal immigrants back to their home countries as possible.
    FOX News/Opinion Dynamics Poll, May 16-18, 2006

    Seventy-seven percent of Americans think the United States is not doing enough to keep illegal immigrants from coming into this country.
    ABC News/Washington Post Poll, May 11-15, 2006

    Fifty-seven percent of Americans think the May 1, 2006 illegal alien solidarity protests did more to hurt their cause than help.
    NBC News/Wall Street Journal Poll, April 21-24, 2006

    Informed that U.S. population is projected to grow to 420 million by 2050, fifty-seven percent of respondents believed that the present U.S. population of 300 million or less would be best for the country in the long run.
    Roper ASW Poll conducted for Negative Population Growth (NPG), April 14-16, 2006

    Six of ten Americans, according to the poll, favor annual immigration (now one million yearly) of less than 600,000 a year. Forty-five percent of respondents favored annual immigration of less than 300,000. Overall, seventy-two percent of respondents favor an annual immigration level that is less than the current one million.
    Roper ASW Poll conducted for Negative Population Growth (NPG), April 14-16, 2006

    Fifty-six percent of Americans agree that a practical way to reduce to near zero the number of resident illegal aliens is legislation making penalties for illegal presence so severe that illegal immigrants would leave voluntarily rather than run the risk of being caught and penalized.
    Roper ASW Poll conducted for Negative Population Growth (NPG), April 14-16, 2006

    They have effectively blocked our goals by muddying the issue of undocumented and legals. To the average Joe on the street.. immigrant == undocumented

    Id like to see how many people will say No to the question " Do you support increase of Green Cards to immigrants already here playing by the rules, paying taxes, Soc Sec etc without benefits, and waiting in line for an average of 6-7 years"

    Hell, quite a few of the poll questions say the "amnesty" is unfair to those people who play by the rules...

    I say.. focus our efforts on us for the time being.. differentiate ourselves from the undocumented..




    desi3933
    02-01 08:17 AM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?

    And if the H1 goes dormant then what can be done next?

    Couple of questions here -
    1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
    2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
    a. your employment is terminated
    AND
    b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




    prashanthg
    09-17 03:51 PM
    Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.

    First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).

    All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.

    Man!
    You either get too emotional, or too defensive.

    I still don't get what you want to achieve.

    We all agree that you are not after the money.
    You want them to approve the cases this September, before the retrogression hits in Oct.
    They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.

    On USCIS processes:
    USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
    If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
    (We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
    They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.

    So, How do you want to see the USCIS perform and how this law suit is going to help.

    Convince me. I will gladly contribute, even though, I have not filed my 485 yet.



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