Monday, June 27, 2011

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  • Lasantha
    07-03 08:02 PM
    Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!

    EB2 category

    I did not get an approval for the 485 so was thinking what the process was here. Am I not supposed to be getting an approval notice in the email before the "Card Ordered" message came through ? I hope everything is over now, it was a long 51/2 years wait and just when you loose hope in the whole process this message turns up in my Inbox. I love this site and will continue to support it in whatever manner I can
    :)




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  • gchopes
    12-26 10:46 AM
    I didnt have to open an SR to get the FP.

    - gchopes




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  • siva9
    09-10 09:35 AM
    Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)




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  • gcbikari
    04-21 04:40 PM
    I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!

    The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.

    Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.



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  • rk07
    09-28 11:34 AM
    Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.

    Not sure of LUD. Today I checked online account and I saw checks got cashed and receipt #'s starting with WAC at the back of the check.

    Waiting for the scanned copies of receipts from Attorney.

    Thanks,
    -rk.




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  • syzygy
    08-19 11:44 AM
    ,,
    USCIS has invented a very nice random number generator. They use it for every purpose

    1. To declare visa bulletin (canbe any day of the month)
    2. To decalare processing times (can be again any day of the month)
    3. Processing times themselves (can be anything)
    4. Processing order (can be anything)
    5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
    6. Answers from Service Requests
    7. Answers from Infopass appointments
    8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
    9. ..the list goes on and on (feel free to add please, I think there is no limit).

    Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability



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  • fetch_gc
    09-27 09:23 AM
    Still waiting for receipts for all 6 of them.
    Please see signature for more details.




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  • EndlessWait
    04-29 04:54 PM
    bump



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  • manishs7
    09-27 12:32 PM
    I think your idea is good. But this could be very difficult to implement, at least for USCIS.

    Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
    So what happens to existing EB2 per your logic. Should their priority dates will also change based on the date when they became eligible. say someone with 15 years of experience with bachelors degree comes to US and files on EB2..so his date will be pushed to priority date of 10 years from now when he became eligible for EB2.
    What happens when I port from EB3 to EB2 with Masters in year 2002. should my priority date would be moved from 2006 to 2002.
    This logic is not implementable or priority dates should go in one direction (up) only, the one that suits your requirements. LOL..




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  • ps3539
    02-04 08:23 AM
    Grass is always greener on the other side...

    If you have ead ... I suggest do not go to india

    going back for parents' health is valid & noble reason...



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  • cram
    06-15 09:53 AM
    My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.

    Did you send it to TSC or NSC.




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  • sankap
    07-10 02:51 PM
    Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.

    Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.

    Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.

    Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)



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  • trueguy
    07-27 07:29 PM
    I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.

    It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)

    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.

    Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.

    I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.


    Earlier it was like this:

    EB2 ROW --> EB3 ROW

    If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.




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  • ramus
    07-03 12:56 PM
    With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.



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  • morchu
    05-08 02:36 PM
    :) my point was, regulations and interpretations are meant for the exact situation. Anyway I am also done in this topic. I have no personal interest on either EB-quota or FB-quota (why am i even here... nhaa?).

    Thanks for a healthy discussion though.

    we are talking about inclusion logic here. Not the exclusion logic.




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  • chanduv23
    06-23 06:36 AM
    Those who think, their employer is OK - be extra extra cautious. Never, never believe employers. Bottom line is, employers will not care for u, if they know u r gonna benefit out of this, they will do everything they can to avoid this. Most desi employers indulge in sweet talks. Talks will be extremely sweet. Just like how they talk to u before u join the company.

    GC filing is a carrot that employers thrive on. They will do anything to aqvoid this situation.

    Remember, your problems are not over after filing 485 also. The so called prospective employers who always told u, "I will hire you, if you have a GC or EAD" will now give some other excuse. Basically they want to put u in a position where u have less chances of bargain, thats the whole deal.

    Lotsa people go by self employment after filing for EAD (Dunno how - maybe some IV members can explain this) and still do contracting and safely see themselves through their GC.

    So basically, we are on our own here. For those dealing with desi employers - I can tell u one thing. U can handle the situation with sweet talk and some diplomacy - desi employers have their own fears. But those dealing with American employers - be extra careful - HR personnel etc... who have sympathy for layed off workers etvc... will try to screw u big time on ur back. If they decide to screw u - they will do it big time and none of ur diplomacy will work there - believe me, I gone through this.

    Be smart - stay on top of things, don't waste time and get things done in all possible ways. Get employer letter in whatever way u can. (If you have a letterhead - u know what I am saying ....)



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  • PlainSpeak
    02-23 08:50 AM
    well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.

    Started to work on EAD since 2005.

    This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.

    This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.

    7 EAD's wow :eek:. I am on my third now. Waiting from 2004 does get frustating. Now after hearing yoru situation i will not grumble about my situation.
    Hang in there ....




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  • sammyb
    11-21 10:58 AM
    Can IV as a group arrange some legal consultation for Mehul and his family ... guess we can have a fund drive and raise some money to cover the legal fees ... I am for it... let me know what other thinks ...




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  • ganpya2000
    11-18 01:17 PM
    I got following reply from Sen. Franken

    Thanks for contacting me about the DREAM Act. I appreciate you sharing your concern with me on this issue.

    There are thousands of young people in the United States who have gone to school, done their homework, participated in school activities, received their high school diploma and wish to go to college - but whose parents brought them to this country illegally. These youth face several barriers to a college education. Federal law currently limits states' ability to offer undocumented immigrants in-state tuition, and they are also not eligible for federal student financial aid.

    I do not believe that we should punish children for their parents' actions. For many of them, the United States is the only country they consider home. With the chance to attend college, they will be able to fully contribute to our nation's future. The DREAM Act, S. 729, would allow undocumented immigrants who came to the U.S. as children and pursue a college education or enlist in our nation's military to apply for conditional permanent resident status.

    The DREAM Act, of which I am a cosponsor, is bipartisan legislation narrowly tailored for undocumented students who have lived in the United States since they were children, succeeded in school, and want to be productive members of society. Requirements to be eligible for the DREAM Act include having arrived in the U.S. at age 15 or younger; having graduated high school; having served in the military or attended college for at least two years; and demonstrating good moral character. The DREAM Act is the chance we're giving these young people to earn legal status by working hard to attend and succeed in college.

    Again, thank you for contacting me, and I look forward to hearing from you in the future on this or any other matter of concern to you.

    Sincerely,

    Al Franken
    United States Senator




    another_wei
    08-24 08:45 PM
    Mailed I-485 on July 19th
    RD is July 20th
    ND is August 17th

    Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.

    Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?

    Thank you




    CADude
    08-01 06:30 PM
    Tricky question? Only USCIS can answer. May be part of FAQ3..;)

    On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).

    Reached Nebraska Service Centre on July 26th.

    Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.



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