Monday, June 27, 2011

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  • eb3_nepa
    05-04 04:28 PM
    Guys

    These discussions about what you and i think about whether Bs or Ms is more important is totally pointless. First off this bill has yet to be brought up for discussion. Secondly any bill bringing any relief is good at this point in time.

    We are arguing and debating endlessly about a bill that may never even see daylight. I think the more important thing to do is, try and get this bill to be brought up for discussion.

    Simple example. If there are 20 people in the queue ahead of u and a the shopkeeper opens another fresh queue, whether ur part of queue 1 or queue 2 ur still looking at a smaller queue. Who is to say which queue will be longer? Do we have any stats that say out of the 300,000 legals waiting how may have and have not an advanced degree. For all you know the queue with Just the bachelors may end up being shorter. I am sure a LOT of us just on IV have come here on F1 and then went on to get H1s.

    Lastly i have a question about SKIL. When you say people with advanced degrees will not be counted against the quota, what EXACTLY does that mean? Does it mean that ppl with advanced degrees who have Not been able to apply for 485 can now apply regardless of PD? OR does it mean that the PD still applies but people who have applied will move quicker as they are not counted against the quota?




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  • CADude
    08-06 06:42 PM
    Working with approx 500+ applications with best possible way and answering your calls. What else you are expecting? :D :D

    I have PD of Dec 2005 and I140 approved in June 2006 from TSC. Filed 485 on July 3rd .checks not cashed yet neither received the Receipt notice. Called up and lady checked the system and my 485 app is not in the system. She told me to call around 20th to check the status. What are they cooking ? I am not sure.




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  • agadre
    07-02 09:34 AM
    USICS has hired the hollywood actors in order to clear backlog. Now most of those celebrities have lots of experiences of giving signatures to fans, uscis has assigned them the mail receiving clerk's duties.

    Thats a good one.:D




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  • hindu_king
    05-08 04:15 PM
    Reeves & Associates (California) has experience filing class action lawsuit against USCIS. His initial consultation fees is $100. For $100, he can at least tell us

    1. if we have a case
    2. if yes, whats the process
    3. whats the cost for lawsuit

    1-800-795-8009 is the number

    http://www.rreeves.com/articles/immigration_en_10521.php



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  • acecupid
    09-27 09:11 AM
    We got the year..how about the month and day on which to port to eb2?;)

    Maybe consider hours, minutes and seconds too... ? :confused: lol




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  • fundo14
    05-30 03:07 PM
    http://www..com/discussion-forums/i485-1/122557139/page/1/

    I was planning to land tomorrow and read this on , I guess, I might not be landing.

    This sounds very scary.. I may also give up canada PR



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  • settling_withgc
    07-18 02:19 PM
    I got my FP done in Jan 2008 but we never got the FP for my wife. We put in a SR with USCIS customer service.
    We did get a response about the delays, but it is taking more than 60 days to get a response.

    It has been 5 months since that response came.

    We called USCIS customer service and they suggested to go to the fingerprinting location, along with original I-485 receipt notice and the letter stating the delay and see if the IO would take the FP the same day.

    Lets see ....




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  • vinabath
    04-23 09:32 AM
    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!

    You have a case buddy. Since you got the project on your own and you needed an H-1b vehicle. you have a great argument if your employer goes to the court.



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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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  • PavanV
    02-02 05:52 PM
    [QUOTE=PavanV;2310274]

    Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
    Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.



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  • kannan
    05-07 04:00 PM
    Last Friday I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,today I got the letter.

    Options That I choose

    1-800-375-5283
    1
    2
    2
    6
    1
    R.no
    1
    3
    4




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  • godspeed
    07-21 05:46 PM
    Paper filed, and uscis received on jun10
    got our EAD's for 2yrs on July 18th



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  • marty
    05-30 10:17 AM
    no photo is required. They might take a photo of you if they think its old. You can take fresh photos if you want but I don't think that you will need it.

    Now the next thing. You will definitly be asked and might also be threatened by the US immigration officer when you tell them that you went to canada for landing and you have also applied for US immigration. You can be lucky and might not be asked this question but there is a great possibility that it will be raised. Although there is no law that says you cannot obtain PR for any other country as long as your application for US PR is pending, you will be harassed when you tell them that you are in US on AOS. Remember one thing: DO NOT TELL IO THAT YOU PLAN TO ABANDON CANADIAN PR ONCE YOU GET US PR AS YOU WILL BE COUNTER ASKED THAT YOU HAVE WASTED THE CANADIAN VISA NUMBER AND ALSO PLANNING TO WASTE THE VISA NUMBER AS ANOTHER INDIVIDUAL WOULD'VE GOT THAT. Just stay calm and let them say whatever they want to say.

    What is your POE?




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  • atmercyofdol
    10-08 02:47 PM
    Are you in the IT field?

    There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.



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  • obviously
    07-28 01:53 PM
    The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers

    No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!

    Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.

    Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.

    Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...

    Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?

    Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?

    After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.

    I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?

    Peace!




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  • rbharol
    10-25 10:38 PM
    Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations.

    I appreciate your effort to make us smile and relieve stress but when you repeateldly
    keep using the same stuff, people no longer find it humorous.
    You too must have realized it by now as people have started questioning why
    you are using this word repeatedly.

    It is like telling the same joke time and again and expect people to laugh everytime.



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  • Canadian_Dream
    07-08 01:25 PM
    In order to understand the situation please look at Macaca's post on anticipated usage as opposed to real usage. Apart from politics and other pressures, biggest reason for revised July Bulletin is June bulletin itself !!!. June bulletin had a biggest jump in dates in recent past (aside from doomed July bulletin). This lead to a huge number of fillings in June, no one knows how many at this time, but looking at the way receipts are coming out from USCIS they have not finish with receipts of first week of filers. DOS unaware of such huge spike in fillings went ahead and made everything current based on available number of visas. The only way this could have been avoided was USCIS communicating with DOS that June AOS fillings would suffice to exhaust the quota for the year. If the communication between the agency had been sound they would have made everything "U" in the first June bulletin itself. But when the bulletin was out it was too late to do anything. The only thing USCIS could do, was to exhaust the Visa numbers as fast before July 2 the date when flood gates were supposed to be opened. They did just that. That's the ONLY way USCIS could affect DOS bulletin, nothing else would have worked. As far as timings goes, why not early or right after when they realized that June AOS fillings would exhaust the numbers, perhaps because ONLY way to put a hard stop to any filings in June is exhaust the actual numbers not the anticipated demands. Remember exhaustion of the number is the only way to put a complete stop in fillings, anticipated demands are used only to set the dates in the bulletin. That explains the timings, USICIS needed every single day in June to finish the numbers and they just did that!!!!
    In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin’s big jump. That’s my 2 cents on the matter.




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  • gcsomeday
    07-20 10:54 AM
    I dont think the admin will make this sticky or put permanently on the home page.

    All, who ever is online at any time please bump this up frequently if it is not in the top 5 on home page.

    ^^^^^^^




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  • GKBest
    10-02 11:27 AM
    Hi everyone,
    Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.

    And what time? Hopefully, I will be in that box.




    amitjoey
    07-09 04:34 PM
    I sent the pdf and a write up to reporters in my local area.




    desi3933
    07-10 02:49 PM
    I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking).
    ......

    Look at the I-140 application (Page 2, Part 6, Question 5)
    http://www.uscis.gov/files/form/i-140.pdf

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    .



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