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  • h1b_slave
    01-03 08:09 PM
    "invoke AC21 without waiting for six months" - I completely agree , that is a great idea if IV feels it is not asking for too much in one bill.

    I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.

    Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?





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  • GCplease
    03-01 11:26 AM
    Can you please help me with this?...I have already submitted the affidavit copy and now they want it from Registrar office. Has any one got it from registrar office in India? if so, how difficult it is and what is the procedure?

    "A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a city, or

    A photocopy of a birth certificate issued by the Additional District Registrar�s office if the person named above was born in a village.

    If a birth certificate does not list the names of both mother and father, or the child, secondary evidence must be submitted to establish parentage. Secondary evidence includes, but is not limited to , copies of: medical records, school records, census records, government-issues identity cards, religious records and/or affidavits from at least TWO persons alive at the time of birth. The oldest available evidence that lists the names of both parents should be submitted."

    Thank you!

    Yes, you'll have to get it registered.

    It is not big deal. Just ask your parents to get in touch with a document writer (guys who'll be sitting in front of Registrar offices) and they'll do it for you. Your mom and dad may need to go and sign the docs in front of the registrar.





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  • eb3_nepa
    12-10 09:27 AM
    Ok I think we are reaching new heights of RIDICULOUS here. An IV member has asked a SIMPLE question about whether or not an Indian citizen needs a visa for the Bahamas.

    Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?





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  • Sheetal81
    08-24 11:43 AM
    Thanks everyone for the replies.. Really appreciate all the inputs!!

    Dhirajs98- I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..But we filed for I-485, EAD & AP on June 29th, We got our receipt numbers last week. From the time we got receipt no's we got EAD & FP both within a week..

    Kramac01 - On the USCIS website - We saw this msg. just a day before we got our EAD's - Mine is TSC..

    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Approval notice sent.

    On August 20, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.



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  • poorslumdog
    03-18 11:48 AM
    This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

    There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.

    For all those retards giving red dots....all I am saying is there is one more thread in forum check for it....

    A&$ H$#les...





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  • immique
    07-16 12:18 AM
    This is exactly what I said in my previous posts. EB2 India may become unavailable towards the end of September as most of the visas will be used in August itself and we will see a flood of approvals starting August 1st itself. I think most of the approvable cases are already processed by USCIS after it gave the data to DOS on July 8th. I think most of the straight forward and less complicated cases during 2004 - 2006 period will be approved soon.

    I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.

    http://immigration-information.com/forums/showthread.php?p=20233#post20233

    He says that Eb2 India will retrogress to 2003 or 2004.

    This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.


    Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.



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  • ngopalak
    06-14 06:31 PM
    The retrogression is bound to happen again in a few months and it will be YEARS before we get our green card.

    We need to keep the fight up in the senate. Can we have another fax campaign started right away?





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  • snaidu
    12-11 12:50 PM
    Thanks for the prompt reply!
    This means that even for applicants for whom PD is current today for eg: EB2 ROW, will not be able to apply for concurrent I-140/I-485, if this rule is accepted.



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  • pponakan
    02-15 11:31 PM
    bbct :

    My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.

    I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.

    AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.

    HTH





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  • pappu
    11-13 05:58 PM
    I am a typical EB worker and have all the insecurities of a person working on EAD/H1 in a distant land. Though gainfully employed seeing job losses all around makes me anxious. There is no back up if i lose my job as being on EAD/H1 does not give me any unemployment benefit, no breathing period though i have dutifully paid SS taxes without a break for last several years. With stock market tanking i dread seeing my 401K statement. Selling my House to move somewhere else might be very difficult, if not impossible.

    Any setback on GC would hit me both financially ( money to spend on MTR, pay pricey lawyers , looks for not so cheap health insurance, and biggest of all loose the steady pay check )
    as well as mentally ( to look for a new job, worry about same/similar classification, move to new place, unable to service my mortgage , put up with not so pleasant working conditions etc ).
    I am away from friends and family so no physiological support when needed.

    pls send email with your contact info
    thanks



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  • breddy2000
    02-02 01:09 PM
    Hi breddy2000:

    Thanks for your reply and was RFE similar to mine?

    Here is content of RFE:

    Exact RFE text is:

    1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:

    A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.

    B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.

    C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.

    Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:

    a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;

    b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
    Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.

    c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;

    d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;

    e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);

    f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).

    g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.



    Thanks


    I got RFE on this

    B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.

    Evidences I provided
    ================
    b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
    Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.

    Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
    Pls go through a competent attorney to make sure you respond appropriately....





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  • Hinglish
    12-19 09:34 PM
    The calm before the storm ... I think every one atleast in IT is in a wait and watch mode .... its still all too sudden ... end of Q1 2009 we will really begin to see the actual effects.... thats when most companies in US will be posting their earnings / license renewals etc ... defaults there?? Im keeping my fingers crossed ... hopefully we come out of this mess soon...



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  • s416504
    03-18 01:53 PM
    You are correct but I think I am not sure if one can change employer (H1B Transfer) during that 3 Year extended H1B period after 485 denial.

    Total BS and Incorrect.

    One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.


    __________________
    Not a legal advice.





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  • DarkChild
    05-17 02:02 PM
    nice one dj, really nice one to be more specific :thumb:



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  • kokil
    03-15 11:03 PM
    Dear Friend,
    Is there any body in US where I can go and evaluate the validity of degree?


    -Jigensh





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  • ivgclive
    04-18 06:43 PM
    Good work, at least you want to show them what you feel.

    Address him as "Mr.President" in future and avoid using names most of the time.



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  • tonyHK12
    04-28 10:34 AM
    Good idea.
    What we need is:
    1- A document about the economic impact legal immigrants are making (H1, L1, EAD etc). It should include estimates of Federal, state, SS tax and sales taxes. You can also include estimates how we can impact economy by buying houses. Use the research document used by another organization someone posted yesterday to understand how such documents are written. Get some number crunchers and people with good writing skills in your team. There was a google group created by GC_peshwa yesterday. I think this group could do such proactive work. Set your timelines and work on it. You can post updates of your group on the forum so that others know about it and can join if interested. Once you finish the document, it can be sent as a release and also sent to reporters and lawmakers.

    2. This group can also work on your idea from the post by posting on other news sites.
    ...
    I
    Yes the illegal reporters do provide a lot of fodder and in most cases the data can be easily debunked. I'll check their documentation and how they do research along with other volunteers. Will also check gc_peshwa's group. In fact the census generally doesn't give immigration status, do thats worth checking.
    I'll post back once I create a appropriately named google group.

    Were you part of the call yesterday on the Filing I-485 when PD is not current....we do have plans like these...and take part.

    I missed this, will join the future calls





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  • ca_immigrant
    03-22 11:28 AM
    Hello,

    So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.

    He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.

    I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.

    when u say "cleared for approval" does that mean u are all set to GO GREEN ?
    in that case.....congRATS !!





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  • irock
    09-25 07:21 PM
    My wife's case
    Date you filed: 07/26/2007
    Receipt Date: 07/26/2007
    Service center NSC (receipt no starts with LIN)
    EAD approved on Spet 24th 2007.

    My EAD is still pending status.


    My EAD is also approved today. Got "Card production ordered" email.





    sixburgh
    04-13 10:48 AM
    Perfect....
    Yes I called the original civil surgeon and the TB test is going to cost $15 only and Xray $40.

    I found the reason I got the RFE.
    I had a copy of the last TB test report.
    That civil surgeon FORGOT TO CHECK MARK the TB test !!!!
    He checked a different section !!!

    I feel bad that I missed to read it!
    I could have rectified the DARN doctor then and there.

    It was during the July fiasco. We were all in a hurry and tensed up.

    Thanks for your update.
    Once this RFE is cleared, I am going to Sue that doctor for expenses!

    I feel sad that people dont do their jobs properly in this ADVANCED country.





    dtekkedil
    07-05 08:47 AM
    Can we use this or portions of this text for our mails to the media on the "Send flowers Drive"?

    I would suggest changing the last point as so -

    (2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will not be punished.

    It doesn't matter if we are not rewarded as long as we are not punished!



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