Monday, June 27, 2011

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  • tnite
    07-02 12:11 PM
    Just called FedEx to find out why mine is not delivered yet. According to her, all USCIS packets remain at local FedEx facility. It seems FedEx will notify USCIS that there are packages to be picked up and they will be picked up by the USCIS agent (mail man??). It seems USCIS dont actually allow packets into their bldg. She says FedEX has no control on when the USCIS agent will come and pick up the package

    what was the delivery time?

    Mine was supposed to be delivered at 10.30 am via FEDEX but it was delivered to USCIS signed by the mail dept at 9.01 am.

    The bulletin was updated between 10.30 and 11 am.I assume USCIS notified all carrier to hold the docs until further notice.




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  • 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.




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  • priti8888
    10-08 12:55 PM
    Today, 12:32 PM
    EndlessWait
    Senior Member Join Date: Jul 2006
    Posts: 227


    GC must be FIFO based only i.e PD

    --------------------------------------------------------------------------------

    Action item for IV, besides visa recapturing etc. Its one of the items they
    should add to there agenda. ----------------------------------------------



    aside from 1)increasing numerical caps,
    2)reducing processing delays,
    3)eliminating per country limits,
    4)eliminiting career stagnation rules,
    5)aside from visa recapturing,
    6)aside from not wasting visas,
    7)aside from eliminating name-check backlogs..,
    8) aside from allocating one visa per family as opposed to one visa per person---.----you want them to change their internal system as well!


    I understand the entire system needs an overhaul,but it would be great if IV acheives even one of the above agendas....




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  • immi2006
    11-21 11:37 AM
    I think courage to fight back can cure.

    I came out of a rare disease myself in the last 2 year battle for which there was no cure.

    You got to fight it out. My prayers are with you, hope the outcome is positive.



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  • 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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  • simple1
    05-02 03:12 PM
    thanks IVcore for looking into the request.

    I would like to know your response. Could you please post it in this thread ? possibly with references you received from the attorney ?

    I think IV core has some concerns regarding the correctness of the legal advise that you received from your attorney. Let us wait for them to clarify.



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  • pvpb
    09-27 03:20 PM
    Do u think UScis knows when we mailed in the application...can we just say that we r waiting for 90 days and talk to them. Any ideas!

    Venkat



    Venkat,

    I and my wife transfer notice by mail. I have no idea, why I received them.

    I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.

    Thanks,




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  • vij
    06-09 02:44 PM
    Hi

    I recived the case nos from TSC , they had received mine & my wife's applications ( 485, 765,131 ) on 4th June , I see one set of checks cashed.
    I expect the other set to be cleared some time Mon-Tues
    The case nos start with SRC

    Thanks
    GCcomesoon

    Did you directly sent to TSC or NSC forwarded it to TSC



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  • sankap
    07-09 11:58 PM
    @desi3933:

    1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

    Sankap -

    Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

    1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

    2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

    3. I-140 is for permanent and full time job only. See Page 5 of
    http://www.uscis.gov/files/form/i-140instr.pdf

    4. Also, read this. It says 'Permanent Employment'
    OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


    5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

    6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

    7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

    8. Most of the full time exempt jobs in this country are permanent in nature.


    ___________________
    Not a legal advice.




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  • simple1
    05-01 03:34 PM
    I just donated, my id is not reflecting it.

    Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.



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  • desi3933
    06-28 09:39 AM
    desi3933,

    Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.


    Let me ask you a straight question -

    Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?


    .




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  • acpani
    08-28 12:02 PM
    I sent my 485 to NSC on JUL 2nd, my 140 approved TSC, no receipts . Does any body got receipts who applied on JUL nd...?



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  • conchshell
    07-11 01:55 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.




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  • buddyinsd
    02-08 05:58 PM
    Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW

    who is rapists and looters? I just want to know...please dont get mad and dont say Narendra Modi. he is the only great leader left in India.

    MC



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  • delax
    07-27 08:01 PM
    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.

    If that were to be the case then EBROW should never have been retrogressed. E3ROW has been retrogressed for the last 20 months now.




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  • newuser
    05-09 08:43 AM
    E-mailed the letter to white house.

    http://www.whitehouse.gov/CONTACT/



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  • desi_scorpion
    08-01 02:33 PM
    Am in the same boat....485 submitted to NSC on July 2nd....140 pending in TSC. I called the Nebraska Service center at 1-800-375-5283, option 1-2-2-6-2-2-1 and the agent escalated my call ...then was told that if my I-140 was in Texas then the 485 will be tranaferred there. Its taking 6-8 weeks for receipt notices. On asking if transferring will take longer...she said no....will not take longer.




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  • xyzgc
    02-01 08:35 AM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!

    Good decision. I was opposed to going back but I think its good to do just that. You see lot of folks going back after getting their citizenship.




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  • rmscandy2006
    06-23 08:11 AM
    I think -- may be.. it will make some difference.

    on uscis site: contact us: I got this email address.

    uscis.webmaster@dhs.gov.


    I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.

    It will make a different if USCIS receives emails like this... in thousands?




    mpadapa
    10-09 10:33 AM
    This thread is very interesting. Ppl are coming up with various hypothesis to get their own GC fast. Come on folks, the GC system was good when it was devised in 1990. It is just that the system never kept up with the changing times. The inflows to the GC system kept changing (more H1's, L1's....) but the outflow (visa numbers) are still fixed, and hence there is too much overflow and choking in the system. Isn't it time for us to unite and stand as a single voice and work towards removing the bottleneck (visa numbers).
    It is easy to say on forum how USCIS should work, but in reality can it work. For example Just try to convince U'r colleague (sitting in u'r adjacent cubicle) or even U'r boss how to perform his/her work. Then see how the response is. If we (IV members) aren't aligning on basic issue and solution, how much credibility would we be having to go and ask USCIS how they should run their office.

    Come on folks, be realistic. We all know a legislative fix is the only way to solve the current front-log so why can't we organize at various levels (county, state, national) and work towards such a legislative fix. The key to that is to get active in U'r state chapters and do grass-root level work towards a legislative fix.

    If the system is streamlined the out of order processing worst case might be in weeks (can we not tolerate that) compared to yrs now...

    INSTEAD OF SAYING IV SHOULD DO THIS OR THIS etc.... WHY DOESN'T ANYONE SAY THAT I/WE WILL DO THIS SO THAT IV CAN ACCOMPLISH say TASK x




    looivy
    09-14 02:26 AM
    Immi_Seeker,

    I absolutely agree with you. One of my cousin is unfortunately suffering in EB3 for years he is a MS and working for over 10 years, he has been trying to port to EB2...but his attorney flatly refused on grounds that the company doesn't need a advanced degree applicant for that position and they can't justify the same to USCIS and invite scrutiny especially in this economy.

    Ofcourse porting is blessing for lawyers and it means greenbacks for them the more the better.

    SoP

    I am in the same boat. MS + 9 years. But my application is rotting in EB-3 since 2004. As I have said before, if EB3 does not mobilize then the only option is to rot for another 4-5 years.



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