Sunday, July 3, 2011

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  • unitednations
    08-26 03:42 PM
    I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.

    Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?

    I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?

    Please share your experiences.

    There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.




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  • diptam
    05-23 01:06 PM
    The point system has worked well in both Canada and New Zealand and have moved those who meet the threshold through the immigration system faster. As an non paying IV member, I am not in favor of opposing the current bill.

    Please voice your concerns to IV Administrators or if you have any misunderstanding or less understanding about what's going on.

    We all agree that Point system is more universal - But for guys who are waiting since 2001 ( say LC from CA/NY/NJ etc..) do you think its a justice
    to go through Points system again from Scratch ??

    Getting more VISA numbers to flush out the Half Million Backlog is 1st Priority according to Majority in this Forum ....




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  • prom2
    08-02 10:21 AM
    /\/\/\/\
    Bump

    Just checking if anyone in this thread got his/her check encashed this morning.

    I saw a user in other thread. Received at NSC on Jun 25th, transfered to TSC, got checks cleared today...




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  • CADude
    08-17 04:34 PM
    You are in "Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions." tread.
    Got it.:D:D:D:D

    I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?



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  • acecupid
    07-05 02:02 PM
    Even if AILA loses the lawsuit, it will bring this entire incident to the limelight. The best thing we can expect out of it is media attention which unfortunately is not available to our cause at this time.




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  • mrsr
    07-04 10:43 AM
    no one knows



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  • anzerraja
    07-20 02:48 PM
    If you are asking just about this thread, yes there is a spreadsheet tracking this.

    If in general, i am sorry i am not aware of anything.

    Is there any way of knowing how much each user has contributed? (I am not interested in knowing about others ) but would be nice to know atleast for myself how much I contributed.

    Thanks




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  • sam2006
    07-20 11:00 AM
    anzerraja looks like i cannot save the XLS sheet
    an u please update it for me

    thanks a lot



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  • saimrathi
    07-07 10:56 PM
    A peaceful march is def needed on 7/14 in DC.. Sorry I wont be able to make it.. Good luck..

    What about demonstrations at landmarks important to immigrants like Ellis Island etc..




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  • sankap
    07-10 01:04 AM
    [QUOTE=desi3933;486996]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.

    Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)

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

    Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html

    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.

    I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?

    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.

    Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
    "Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.

    Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?

    H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?

    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)

    Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
    proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.



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  • Googler
    06-17 01:41 PM
    Hi Gurus,

    I was looking at the processing times for the NSC 485 applications and it shows March , 2007.

    Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
    Or is it Wishful Thinking???

    It would be great if we kept this thread for receipt issues only but..

    Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.

    BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:




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  • test101
    07-08 12:08 PM
    I think more than anything we need organization. We need group of volunteers that focused on different tasks. for example a group of people call congress and follow up and post updates.

    group of people lead the flower campaign and anther group wrk on informing the media

    there should be a group organize the rally and contact people to sponser.
    Again avoid the 21 of july because the media would cover HP book instead of the protest.

    here is gazalion post of the same subject.. we need organization

    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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  • EndlessWait
    04-30 05:05 PM
    also ..this looks very inaccurate ..because I know lot of indians who got H1 during the peak (when h1 was 195k) have gone back. i.e either they got better oppurtunities back home or just went back as they were not getting jobs. I did stay in one of the guest house which had lots of consultants ..none of them are here anymore !!

    lots of labors were sold..god knows how many are in queue by substitution




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  • Karthikthiru
    10-08 12:59 PM
    I came to US in 1996 as a student and graduated in 1999. Since then I have switched jobs and I am currently with a Priority date of oct, 2006(EB2). Even within this employer first they filed under EB3 even though it could have been filed under EB2 (Not becasue they are bad - becasue the employer don't know much about immigration). After I requested the employer, they filed a new labor on Oct, 2006. So if the priority date is based on the years of experience, it will be nice for me. But the main issue that all of us are facing is VISA availabilty. If this can be taken care, all of the issues will be taken care

    Overall the current immigration system is screwed-up. It really needs a major change. That is the main problem

    Thanks
    Karthik


    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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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    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.



    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.



    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


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.




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  • Openarms
    03-10 04:32 PM
    Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
    I disagree

    1) Mr.Obama (Change) alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs right.. just because of economy is bad that does not mean people stop eating and kids stop going school.

    2) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eleminate this huge backlog)

    3) IV says they have agenda but nobody knows what thier laundry list is.

    4) We need to work for lifting this country quota ... this is the only way out.



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  • jsb
    03-10 01:25 PM
    Sayantan,

    It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.

    The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.

    It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.

    I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
    The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?

    Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.




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  • virtual55
    05-02 09:55 PM
    http://cornyn.senate.gov/index.asp?f=record&lid=1&rid=237170




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  • diptam
    07-02 02:01 AM
    CURRENT employment letter they will give in 10 mins....

    But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....

    I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
    certain Clauses but nothing in the core of the Bond/agreement.

    After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
    i'll pay 10 grands and do something else :))

    If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....

    Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.

    My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)

    with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.

    In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.

    Apply.




    jitian
    11-18 12:22 PM
    just done. North Carolina (two senators and Sur Myrick)




    Macaca
    07-08 08:28 PM
    The following link may throw some light on what non-citizens are entitled under the U.S constitution.

    http://www.slate.com/id/1008367/

    Please find a state dept or USCIS URL that explains the conditions under which dates become C, U or any other date. Thanks!



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