Tuesday, June 28, 2011

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  • txh1b
    08-26 09:07 PM
    Whats ur PD? U r not current in Aug right?

    AFAIK, I am. Who cares If 1st March is inclusive or not. It is a matter of 1 week.




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  • Dhundhun
    02-05 07:01 PM
    Just a correction - as I remember. 3 Yr in past 4 years for Citizenship




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  • MightyIndian
    10-01 05:22 PM
    WAC means CSC?? We applied on July 23rd at NSC and no news yet:(

    YES




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  • sledge_hammer
    01-30 08:06 PM
    And this response is for you minimalist:

    I don't have to call you names on this forum, I can send you a pvt. message cussing at you like there's no tomorrow There is going to be many references to your monther, dogs, their reproductive organs, some more references to your sisters, and all the female members of your family. You are not going to like what you'll read, but that's what you get for calling me names.

    Coming to your point: Who are those people that are facing legal action again? And you're telling ME, that I dont have compassion? Compassion for who? For someone who has faked resumes, filed for H-1B visas w/o a job offer? And why do you think they deserve compassion?

    You effing ahole.. Are you following any news lately? See how many states are trying to take criminal action against those who made such loans falsifying the documents. The ones who "made" the loans collaboarted with the borrower to bring up stated income.

    If you always "do the rght thing", for your way looking down on all others , you should go kill yourself. That is the right thing to do for the way you live without compassion, not being able to make an argument without calling names, death for you is the right thing. So, tell me how is that "right thing" coming along.

    Do some introspection and tell me that you never done a wrong thing in your life. Then we can discuss further, if you are ready to have a civil discussion without calling names.

    FYI, I haven't done what the original poster is being flamed for , but I understand why he may have done that.



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  • naidu
    11-17 03:13 PM
    Done




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  • raju123
    07-09 06:42 PM
    woowww great news. keep up guys. tomorrow will be our day. I am sure media will have big attention on this issue!!

    It would be great, if few people remain present at USCIS HQ. DC, VA, MD people please it is golden chance !!




    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD



    Message from USCIS Director Emilio Gonzalez

    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    +++++++++++++



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  • ramus
    07-07 09:27 PM
    I am sure we will get more member in DC. We can take a poll and see how many wants to join in DC. IF poll turns out to be large then we can plan.



    We will only come to this forum. We are 100 guys ready in DC.




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  • jsb
    11-02 11:56 AM
    I was confident on this before, you have just made me super confident.

    I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
    cjain:

    Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.

    Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.

    There are always grey areas in law, otherwise we don't need lawyers:).



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  • PlainSpeak
    02-23 08:50 AM
    well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.

    Started to work on EAD since 2005.

    This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.

    This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.

    7 EAD's wow :eek:. I am on my third now. Waiting from 2004 does get frustating. Now after hearing yoru situation i will not grumble about my situation.
    Hang in there ....




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  • desi3933
    07-10 02:55 PM
    I
    ....
    My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?

    Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.

    Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.


    .



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  • saisujatha123
    05-12 06:45 PM
    Some one tell where and how to send flowers?:confused:

    Please advice




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  • shailesh2006
    06-07 05:12 PM
    Hi

    My 485 application received by NSC on May 24, 2007 but still no receipt and even did not cashed the check.

    ss



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  • GCStatus
    09-14 04:05 AM
    Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.

    Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..

    If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)

    Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.

    I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.

    Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.

    Financial loss.
    Loss of business opportunity
    Mental stress
    Lack of moblility

    List can go on.




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  • aquarianf
    04-24 11:18 AM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.



    I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.



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  • viveckj99
    10-02 03:32 PM
    I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
    Vivek




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  • anilsal
    12-16 09:29 AM
    it will be the most fulfilling. If life came to you on a platter, it would not be as enjoyable.

    With pain comes learning and experience.

    For those folks to whom GC and citizenship comes with low hardship, life will get them in some other way. This is the truth of nature.



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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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  • caprianurag
    08-27 05:00 PM
    Applied on Aug 9th for i-140, i485 and EAD.
    No reciepts yet




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  • MeraNaamJoker
    08-21 10:48 AM
    I think it is around 13 or 14...if they are under that, USCIS only takes a thumb print

    I don't think there is a specific age where they will taken finger prints. Read my story.

    My 15 yr old was the first to receive the notice. She was not in US at that time. I called the USCIS and informed them about this. They said they will postpone the appointment. But the postponement was only for 2 weeks. With the next notice I went to the local office. The security officer gave me a print out stating that I visited there for this reason. AND ACCORDING TO THAT NOTICE, FINGER PRINTING CAN BE DONE WITHIN 64 DAYS FROM THE ORIGINAL NOTICE. My child came back to US in 60 days and I took her to the local office walk in date. He got finger printed.

    The very next week my 9 yr old got the notice. I took another appointment and next day I got a second finer printing notice for my elder one again. I took both of them to the local office and explained the situation. For my second child they did the finger printing and for my elder, they made a stamp on to the latest notice which was not at all clear.

    Me and wife was never requested for a second finger printing. We all just got GREENED on August 6th.




    desi3933
    07-10 04:54 PM
    And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    You are wrong, again!. ;)

    I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.

    .




    dehradoon
    10-08 05:54 PM
    All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.

    Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?

    A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.

    Correction, 25% of the less than 8000 visa numbers. First is the per country quota then its the distribution by quaters.



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