Thursday, June 30, 2011

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  • chi_shark
    07-10 10:18 AM
    Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.

    Do you have evidence or can you point me in that direction where i can find some... this is for the bold text above...




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  • sanjeev_2004
    10-09 12:26 PM
    how about based on salary?

    everybody maximize their own utility.

    do you include bonus in salary or not? i want to understand more clearly.




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  • gjoe
    10-08 04:24 PM
    If you want to play chess you got to play it by the rules. If you think you can win the game if we can change the rules, I would say it is not impossible but a long shot.
    In USA every citizen is supposed to follow the law that is the fundamental reason why this place has been attracting so many immigrants ( anybody can pursue their dreams if they follow the law). If you think govt officials are above that you are wrong, if you encourage that by accepting it, that will not make this place any better than other third world democracies. All govt officials in the USA are accountable for what they are entrusted with, if you didn't know about it until now there is something wrong with the system we are working with. I can say this with full authority on this matter because I work for the goverment.
    Let us give it a little though and see if fighting to make the dept follow the law is worth while. If we think it is not, getting a GC and living here is not any better than living back home.




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  • thomachan72
    05-23 06:18 AM
    SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.



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  • raydon
    08-18 09:34 PM
    Applied for EAD (paper based) on July 18, 2008. I-765 approved 08/14. Received the cards in the mail today valid for upto Aug 2010. Losing 2 months since previous EAD was valid for upto 10/18.

    Surprisingly the application asked for 2-yr cards if the I-140 petition is approved. As far as I know, my petition is still pending approval at TSC. No LUDs or email updates or anything of the kind. Maybe I should check whether this means an impending I-140 approval or if it's in "approvable state".

    My category is EB3 - March 2004.

    Good luck to all for their respective approvals.




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  • desi3933
    07-09 02:27 PM
    where is the attachment?

    Here is the memo. USCIS Link
    (http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
    Refer to Page 6.


    Question 8. Can an alien port to self-employment under INA � 204(j)?

    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    ..............

    .



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  • TAGS; Academy Awards middot; Anne


  • srini1976
    07-03 07:44 PM
    Congratulations!!!!!!!!!! Happy Independence.....:)




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  • maag
    05-05 01:16 PM
    Shekhar....any update?

    anyone else who did landing recently please post your experience

    my PR expires in June, need to decide to do landing or not?



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  • The always bubbly Cameron Diaz


  • mbawa2574
    08-20 08:16 PM
    No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:

    Are we heading into another fiasco ?????? :confused:

    PD:Dec 05
    1140: TSC June 06
    I485/I765/I131 sent to NSC




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  • hindu_king
    03-06 04:38 PM
    You are seeing it from a complete 180 degrees than I see it. It's not us who's discriminating, it is the laws which are discriminating. I am asking them to treat us all equal, I entered the country on an H1B which was an employement based application it did not hav any country quota, then why should green cards for EB have country quota. Why should a person from India wait for 10 year and a person from Romania get it in 1 year....I think your ROW friends shold understand our position.

    We are not asking for discriminating ROW. All we are asking is to end discriminating Indians.



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  • mani_r1
    07-19 11:18 PM
    Count me in for $100.




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  • dba9ioracle
    09-19 01:35 PM
    As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.

    I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.

    8/12/08 - Approval Notice sent email
    8/18/08 - Approval Notice sent mail (post)

    Congratulations..



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  • desi3933
    07-09 11:01 AM
    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.


    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.




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  • SunnySurya
    08-18 12:58 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.



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  • feedfront
    08-26 01:06 PM
    They approved my EAD and Adv Parole (last month within 2 weeks of application), but no progress on my case :confused:

    Congratulations to all newly greened folks and Good Luck to all waiting....




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  • vgayalu
    06-27 11:13 AM
    Thanks apnair. Really it is good news to all of us.

    source http://www.immigration-law.com/


    GOOD NEWS



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  • hpandey
    07-21 09:07 PM
    EAD Paper Filed TSC - 21st June

    RD - 06/23/08

    No LUD after that. Still waiting.




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  • vineet
    02-09 04:16 PM
    Unique Transaction ID #93T0361H607470F




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  • ganguteli
    07-08 11:11 AM
    Where is Moira from Buisnessweek?

    Why can't she cover this?




    aquarianf
    04-25 10:39 AM
    It high time that these guys get kicked on what ever, I have seen so many of my friends frustated due to non payment and get scarred to do anything against it..... I appreciate your courage , If they do bussiness and employ people they should legally pay, So many poeple come from India with kids and family and suffer so much when they are not getting paid on bench...I can only sympathise with their situation , Shame on such bussiness...BLOOD SUCKERS, MANIACS . I would say USCIS should create a law to punish these blood sucking monsters.
    Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.

    I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers

    I agree with some of your points but you are not helping on anything here by appreciating OP's courage. If OP gets into law suite and if it requires lots of money would you be willing to donate some money to fight law suite because it will not only help OP but it will scare such shameless employer that there people out there in community who are willing to help if they do something wrong with employees.

    I agree with you that such employer should be punished but it is more important to create awareness about their practice specially among people who just come from India and then get into trap of such employers. But many people do so even after knowing the facts about desi employers. Every thing has risks and rewards, and many people know risks but they get into it for rewards.

    It seems that INS is very serious about holding back wages issue I think first thing people do is to file complaint with INS. See my previous post on this.




    485Mbe4001
    03-16 05:16 PM
    The primary reason for the slow movement is due to the following reasons
    a) change in the namecheck policy. Sometime during early 2008 USCIS changed the rule for all cases stuck in namecheck for more than 90 days. Around 215k cases (family + EB) were stuck in namecheck this caused a flood of eligible cases. (i was stuck in namecheck for almost 3 years, i know what i am talking about)

    b) USCIS changed the overflow rule. earlier EB3 would get more of the unused visas, now most are consumed by EB2 I &C. since there are no additional visas available for EB3 (with no chance of getting any till EB2 is cleared) the EB3 queue has very little chance of moving rapidly. Maybe USCIS did this to drive a wedge in the community, whenever we bring this up there is a slew of red and green dots :p

    recapture was the best bet for everybody, one time recapture of the 300k odd visas will reduce all wait for all categories....will it happen..probably not.


    They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
    The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
    If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...



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