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  • shaikhshehzadali
    06-13 08:00 PM
    No. U can't...All the application should go to Nebraska




    I am not an attorney...Information may not be correct




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  • Ramba
    07-12 11:59 PM
    Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?



    Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.



    H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.



    Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.



    If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
    -Learn about what is law, rules, regulation; which is binding which is not; then post here.
    http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
    http://www.immitips.com/?p=1116





    Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck




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  • kanyewest
    02-12 11:13 AM
    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)



    Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
    I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.

    My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.

    When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.

    How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
    Greatly appreciate your time in responding to this...




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  • samrat_bhargava_vihari
    06-13 09:50 AM
    Hi any body got FP notice with your receipt notice?



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  • Rohan99
    09-17 04:13 PM
    Hello, Anyone on July 3rd R.William 9:00am NSC has not received receipt...please let me know.
    Now I am worried, I called today(17th sep) but no news on my record.

    PD:May 2006
    140: Aug 2006
    i-485 : @ NSC july 3rd waiting for receipt

    July 3rd R.William 9:00am NSC




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  • gc_bulgaria
    09-20 10:15 AM
    Today I saw that my checks were cashed and I called USCIS to get the receipt numbers. The IO was very polite and gave me the numbers. Although I had filed at the Nebraska center, the receipt number starts with SRC (Texas).


    EB2 ROW (Cross Charge)

    PD: 1/11/07

    I 140 Approved (Texas): 8/22/07

    AOS sent (Nebraska) : 7/26/07

    Receipt /Notice (SRC): 9/17/07



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  • gcdreamer05
    08-27 02:47 PM
    Holy cow... I cannot believe, I got my green card today...

    My online case status changed to card production ordered today (1 hour ago).

    I had filed during july fiasco and was not abel to send my medical tests , so had got RFE.
    Then i took the medicals and sent the response in july 2009, and the status remained RFE response received for a long time.

    I called NSC and opened a service request on Aug 18.

    Guys believe me Service Request does miracles, they just approved it now.

    So my journey came to an end after 7 years.

    If I got green card, the whole credit goes to IV. You guys are really great, learnt a lot from this forum. Kudos to you all...

    I will continue to visit these forums and help as much as I can.

    I still cannot believe I got it.




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  • arunmohan
    09-14 06:20 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)



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  • anzerraja
    07-20 01:21 AM
    Thanks venkygct !!!

    I pledge $100




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  • wc_user
    07-25 10:16 PM
    What happened to EB3-I, call to action ? I sent out the letters ,but what is the follow-up ? Looks like everyone is interested only in EB2 India and nobody is doing anything about EB3-India.



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  • acecupid
    07-05 05:57 PM
    Dude a stinking dead fish could be considered a bio-weapon :D




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  • senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    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 genarating any salery and my consultant is not running my pay roll ?

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



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  • Macaca
    07-09 12:01 PM
    � 245.1 Eligibility.
    (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.

    Condi and USCIS are saying the above.

    Now lets see how the above LAW was followed in 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.




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  • qasleuth
    02-12 02:28 PM
    You have still not answered my question - where did you get the idea that I am here self imposing high standards? You have talked about everything else but that. So you have decided to take refuge by not answering the main reason why I said you are making accusations.

    And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.

    I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!

    Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.

    I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!


    LOL ! You made your point on page 2 and you should have let it go (about the morality of the issue)...when you keep hitting the point home giving the impression that you are squeaky clean is where my post came in. You misrepresented when you applied for a student visa and then got a job. period. Then you attack the other guy on his comm skills by saying things like "thinking in your native tongue and translating" BS when your own comm skills are in doubt. I have not condoned any of the actions in this thread, just taking exception to your language and presumptions.
    As kumar pointed out, no need to be ultra harsh. Now let it go...bye.



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  • Kushal
    07-07 10:32 PM
    ---
    Just came back, here is my report:

    - There were five Chinese and seven Indian people at the march. It was small fun group.
    - The group was small but the outcome as you will note from my report below was productive
    - Fighnow, who is the Chinese member of mitbbs.com had initiated this 7th July march. Due to short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
    - Fightnow and his friends were fully prepared with big banners and all, with appropriate slogans
    - In the beginning there was some police presence but they left an hour later, I guess because of a small group
    - We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
    - Luckily a Chinese TV station happened to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
    - The parking is free on weekends.
    ----------------------
    What we need to do is:
    - Organize a bigger march on 14th July
    - Organize a similar event in DC if possible to get more mileage
    - Prepare some banners and placards etc.
    - Bring water, it was warm
    - Have fun
    -----------------
    Let me know if you have any questions or suggestions
    Congratulation for the success today..
    Will the next SJ rally be on 14th or 21st Jul?
    I live at Walnut Creek, but currently out of town. 21st would be favorable for me, but obviously if you already have people responding for 14th then go ahead by all means..




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  • ca_immigrant
    02-01 11:48 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)


    Is OCI an option ? I am actually a little confused as to what happened to the OCI option now a days ?
    My daughter is 5 and is a US citizen and we got an OCI for here in 2006.

    Now we have a son who is 5 months and looks like OCI is not an option anymore...and we will have to get a PIO...

    Also I think for the PIO route....you have to report to the police...only if you are above 18....

    On bribery...I know it was a big issue before...but I thought people are more scared to take bribes now a days due to the way there are hidden cameras everywhere...
    I magine taking ur iphone and trying to bribe a cop back home (while recording) .... -:)

    yes, I myself have bribed some idiot policemen , when I was still in India in 1999-2000.
    ek tho paise lethe hein aur upar se chilate bhi hein...they take moeny from you and also yell at you...(yes when you are quite younger they do not respect you and just take money from you for all weird reasons)
    ...I wish I had a iphone then which could record the @#%#$^%$^



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  • gckabayega
    09-01 07:47 AM
    Wait for a couple of more weeks-- It is on the way. Don't go by the dates USCIS posted. They apparently don't correctly reflect the actual.

    i sent application for me and my wife on july 6th NSC my I 140 was applied in TSC . i am NJ resident. wife took info pass appointmnet as no check cashed, no notice receive. started worrying now. as NSC is updating even new applications no sure if my case was transferred to TSC or not . any body in same boat ? application was signed by R williams in NSC.




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  • eb3_nepa
    07-05 05:40 PM
    I am telling you guys, send the major News channels a Big Stinking Dead Fish with the message "Something's FISHY at the USCIS and it STINKS for Legal Immigrants".




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  • johny
    10-10 12:19 PM
    I sent to NSC on Jul 6th. Though EAD,AP have come, No FP yet.




    Macaca
    07-08 09:14 PM
    140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)

    The following argues that it is hard for this cap to reach exactly on the end of every month.

    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.




    mundada
    07-09 03:45 PM
    Hi,
    I talked to Washington Post journalist. She asked me about my life in US. Do I regret being in US? What is the problem with current US immigration system? Why send flowers? Which flowers?
    Cheers



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