Monday, June 27, 2011

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  • GCBy3000
    06-05 10:03 AM
    Is there premium for I485?

    My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.




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  • Desertfox
    05-23 04:34 PM
    Sent email to 2+10 senators.




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  • bushman06
    11-17 03:55 PM
    Done




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  • reddymjm
    06-08 03:46 PM
    3 out of 6 of my checks got cleared from NSC. My application reached NSC on JUN 1st.



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  • GCStatus
    09-16 04:38 PM
    I can pledge around 200-250 for this.

    Go IV!!

    Do it, Just do it




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  • akhilmahajan
    02-09 03:30 PM
    Thanks a lot WaitingForMyGC.

    Grand Total - $463

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Here is my contribution $20 Deliver Date 02/13

    BofA Transaction Id:8MT05-DR95T



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  • acecupid
    07-03 02:00 PM
    http://www.yorkflowers.com/cgi-bin/yorkitem-dba.cgi/C39-2942

    This works for me!:D




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  • jsb
    11-26 03:17 PM
    I have copy of that letter but it mentions the title and salary no job desc.

    Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.

    Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.



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  • conchshell
    07-11 11:30 AM
    Guys thanks for your appriciation on my recent blog "Power Behind A Flower". Please note that the reason behind this writing is to help our movement and encourage people to fight against injustice. Now the question is what's next??

    With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.

    Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.

    Please think and try to come up with some ideas. I have come up with these four ideas:

    1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.

    2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.

    3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.

    4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.

    Please share if you come up with innovative ideas to make these rallies a huge success.




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  • chi_shark
    07-09 02:55 PM
    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan

    payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).

    the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)

    i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...



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  • anujcb
    06-05 03:30 PM
    Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.

    WAC071795xxxx - June 1
    WAC071805xxxx - June 2
    WAC071815xxxx - June 4
    ......


    LIN071735xxxx - June 1
    LIN071745xxxx - June 4
    ......




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  • english_august
    07-05 12:18 AM
    Hey Friends -

    We need to keep a track of the number of flowers being sent. So if you are sending flowers, then make sure that you respond appropriately to the poll in this thread. It is very difficult to go through all the posts individually to figure out the total count.

    Let us please keep just this single thread active:
    http://immigrationvoice.org/forum/showthread.php?p=99731



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  • simple1
    05-05 10:24 AM
    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.

    The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.

    EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.

    H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
    Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.

    It is the situation of the dependent/derivative that matters. So FB2A is the right category.




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  • makemygc
    08-01 08:44 PM
    Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)

    This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
    Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).

    In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.

    On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!

    CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.

    But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
    Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
    How difficult is to build that kind of system and to keep it balanced and fair for all.



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  • indianabacklog
    11-21 07:16 PM
    Just a thought.

    If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.

    Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.

    If nobody tells the USCIS then the wheels will continue to grind along anyway.

    Just a thought.




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  • dreamworld
    12-13 03:36 PM
    I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.

    Try to write to your local congressman and explain your situation in one page.

    -----------------------
    BTW: Funding thread crossed 100 pages and it is a history for a funding thread. Let’s keep this spirit.

    Finish this year 2007 with your support to IV lobby efforts. Show your generosity to your own cause.



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  • cjain
    11-01 04:48 PM
    manderson,

    thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".


    cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.




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  • Devils_Advocate
    03-07 02:05 PM
    Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?




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  • cool_desi_gc
    09-03 06:26 PM
    EB3 India

    EAD Sent 07/10/08
    ND : 07/14/08

    No LUD's since then.

    Card production Ordered email on 09/03/08




    nogreen4decade
    08-31 03:48 PM
    Some racists could have intelligence! I am hesitant to put you in that category yet... So I wouldn't call you racist yet.... But may be an Ignorant for now ;-).... Prove it and work your way up to racist !!! You already have an advantage to become a racist with that mindset.


    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.




    walking_dude
    10-08 04:07 PM
    How do you know its rare? Do you know every Indian, every Chinese, every Mexican, every Phillipino [ all non-ROW countries] who has ever applied for EB GC? Mathew Oh posting about it shows it's being used by substantially.

    In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!

    Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?

    How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.

    India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?

    Labour substituition----Now thats bad...but its no longer allowed



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