Saturday, July 2, 2011

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  • vsoni
    12-03 02:20 PM
    Is there any way I can help you?
    If yes Please PM me




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  • coolstonesa
    06-22 04:29 PM
    Here is the response from lawyer when I pointed him to the filing instructions on I-485 form:

    "The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
    and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).

    At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.

    If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
    (2) most recent six months of pay stubs, and also (3) a current job offer
    letter.

    I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."

    Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.




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  • EndlessWait
    10-08 03:01 PM
    Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.

    Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).

    Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".

    These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.

    When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.

    So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.

    Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.

    So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.

    Lets do that and also have $5 recurring contributions , if $20 is lot for people.




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  • indigo10
    11-17 06:19 PM
    Done, Thanks.
    Sent to my friends too.



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  • a2006
    05-02 11:31 AM
    Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
    I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.




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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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  • geesee
    08-18 02:32 PM
    The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!

    I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.

    You made me laugh :D




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  • kumar1
    02-12 02:08 PM
    Sledge_Hammer - You are so shallow in your thinking!

    Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.

    Please do not be so harsh on forums.


    I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.

    D%ck weed, I came to this country with the intention of studying and then working, but to do so legally. I came to this country very well knowing that I have to maintain my legal status, regardless of the circumstances.

    So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!

    So stop complaining @ss wipe and go back and learn to spell and fix your grammar.

    >>>>>>Do you have a brain?
    >>>>>>So why the hell u came to the country
    >>>>>>u ask them to go to their home country is it

    Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.



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  • pointlesswait
    04-21 09:27 AM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)




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  • visli_com
    02-18 07:41 PM
    Tomorrow will be my FP at santa ana,ca , my case was nsc->csc->nsc. 2nd july filer.



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  • snathan
    02-09 08:39 PM
    I am sending $ 20 ...

    Please keep sending emails to all members and encourage them to chip in regularly..

    Thanks for your contribution. Please pursuade your friends and relatives also




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  • mariusp
    05-01 06:00 PM
    Guys, I finally got my notices today after 9 months. I called customer service on numerous occasions and opened 2 SR. Most recently, after my case was transferred to NSC, I called the service center on 04/28 and finally they scheduled me. I got an LUD on 04/28 after the call and another one on 04/29. Today I have the notices in my hand with an appointment date of 05/13.

    If you're still waiting for your notices, call the service center, explain your situation and don't stop calling until you see an LUD on your case.



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  • bekugc
    04-16 01:05 PM
    endlesswait;

    there is a definite procedure, we follow it with appropriate paperwork and itll get done.
    only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.

    a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
    i think it wud be similar to eb3-eb2

    OLD eb2 labor applied - dec 2002
    eb2 perm labor approved - july 2005
    140/485 for perm labor filed - sept 2005
    140 perm approved nov 2005
    old eb2 labor backlog approved - dec 2006
    140 for old labor approved - jan 2007 ( premium pr)
    succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
    then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...

    in april, he got appproval for 485, no RFE, card arrived direct in mail.

    thx




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  • CADude
    10-12 03:24 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D



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  • sts_seeker
    02-05 02:20 PM
    Hi All,
    I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.

    I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
    So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)

    Thanks
    Sts_seeker




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  • walker15
    08-26 05:22 PM
    I think anytime 6 months before the expiry of your current H1B extension.



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  • Rohan99
    10-12 01:57 PM
    Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....

    My 140( in 2006) was from TSC and 485 from NSC




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  • corba
    02-24 04:29 PM
    Donated:$50
    Receipt No: 2297-8392-3360-5210




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  • gcsomeday
    07-20 10:46 AM
    What are the tax implications for Aman or other recieving this. We dont want uncle sam to take a cut from something like this. Is there any CPA who can throw some light on this?

    Maybe this money can be used to create an expense account which can reimburse Aman and others for their expenses. We got to convince the Core to let democracy in IV work one time to create this account.




    gc_maine2
    04-21 08:12 PM
    Sorry to see this news, May his SOUL rest in peace.. my prayers are for his family... This is a very shocking news.

    Guys,

    I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008

    Admins, please close/archive this thread. It's painful




    shlok
    09-12 12:50 PM
    Got EAD Cards :):)

    Application Center : TSC
    PD: August 2006
    I140 Approved: 18 May 2007
    I485 Filed : 02 July 2007
    Checks Encached : 28 August 2007
    Notice Date: 01 September 2007
    EAD Approved : 04 September 2007
    EAD Cards recieved : 10 September 2007



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