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  • amitkhare77
    08-07 03:44 PM
    EAD (Renewal)
    Service center: TSC
    Mail Date - 31st Jul
    Received - 4th Aug
    Check cashed & LUD - 7th Aug
    EAD Expiring - 25th Oct
    Work Auth - EAD

    I also filled G-28 for and sent AC21 with EAD renewal. The LUD is updated for all applications (i.e. I-485, I-140, previous I765 and I-131). Does this mean they changed the attorney representation in all previously approved cases?




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  • wecandoit
    02-12 03:24 PM
    $25 Sent to IV
    PAYPAL: Payment Sent (Unique Transaction ID #1BA72983WV1168322)




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  • Cali2006
    07-02 08:41 AM
    My status:

    Jul 2, 2007 7:24 AM

    At local FedEx facility

    LINCOLN, NE




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  • gccovet
    07-24 12:47 PM
    EAD Paper filed at TCS EB2 ROW

    USCIS Receipt date: April 18, 08
    FP done: July 22, 08

    No LUDs, No EAD yet.

    Kodi,
    Was the FP for I-485?
    I am quite sure FP is not requested for paper based filing. FP for you is misleading.
    GCCovet



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  • EndlessWait
    04-30 05:05 PM
    also ..this looks very inaccurate ..because I know lot of indians who got H1 during the peak (when h1 was 195k) have gone back. i.e either they got better oppurtunities back home or just went back as they were not getting jobs. I did stay in one of the guest house which had lots of consultants ..none of them are here anymore !!

    lots of labors were sold..god knows how many are in queue by substitution




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  • darslee
    07-10 04:55 PM
    In the past week, the "Protest Blooms" campaign notched up the following wins:
    Times of India article
    Buzz in the blogosphere
    Attention from many attorney websites and blogs
    Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
    Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
    Had a senior reporter from New York Times talk to me
    Had the footage of this entire event shown on CNN in India
    Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
    Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
    Had USCIS director react to us
    Had so much interest generated that the IV website was brought down J
    Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.

    Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.

    Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.

    Let us learn from what went right and what went wrong and use this to better execute all future events.

    Absolutely right! Good job eveyone who participated! :)



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  • sankap
    07-10 12:35 PM
    @desi3933:
    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140

    That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.


    2. New job is bonafide

    Where did you read that requirement? Assuming, again?

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop

    A self-employed business is always real.

    2. Business Plan, Funding to support employees
    A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.

    3. Any contracts, orders etc
    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.




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  • vijinanda
    11-21 09:47 AM
    Very sorry to hear this, my prayers are for you and your family, Hope it will turn out to be false and you will recover soon.



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  • shrma
    02-14 10:06 AM
    Contribution:50
    Reference number :28B669545E7974345




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  • tikka
    06-05 08:15 PM
    In spite of all the forum spamming, I have contributed, thank you

    And yes, I've sent multiple faxes to every senator.

    And yes, I've visited, phoned and emailed multiple senators and congressmen.

    And yes, I've sent approximately 700 emails to media outlets nationwide

    PLEASE stop spamming the forums


    so much franklin for all your efforts!



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  • txh1b
    09-14 12:26 PM
    Sorry Outta Luck




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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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  • anilsal
    03-09 11:50 PM
    I think a GC app is for a futute position. So getting promotions should be ok. I have seen comments stating otherwise here in the forums. What is true?




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  • viveckj99
    10-10 04:23 PM
    Right,
    looks like USCIS are giving us least priority.They may be thinking we are suppose to file a law suit when Visa are unavailable during July3 to July 16.
    Dont know where they put our application?do we get any rfe or rejection?
    Hi guys,
    it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.

    I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.

    DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.

    Once again, HELL with these stupid receipting process.

    Hope atleast some of you can understand the pain in the whole friggin process.

    FETCH_GC



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  • subdhar
    08-24 01:35 PM
    did you get this approval from TSC or nebraska??




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  • AllVNeedGcPc
    04-13 10:36 PM
    - Flew into YYZ (with family), completed landing process last week
    - Have expired H1-B stamp but approved I-797s
    - Flew back this week on AVR
    - No questions asked on both sides
    - Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
    - Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
    - I would not suggest giving up the Canadian PR based on just rumors and no facts
    - Have pending 140 and 485
    - Have APs too, but did not use them



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  • desi3933
    01-30 02:17 PM
    Where is it written???? 30 day rule?????? SHOW ME ...................................

    STOP THIS NON-SENSE.......


    Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.

    Here is one link -
    H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)

    Here is relevant quote from there
    Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • simple1
    05-08 02:00 PM
    CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.

    Honestly, I dont care if they are eligible for FB2A.
    All I care is eb-dependents are not eligible for EBquota.

    why are you quoting and supporting the official mis interpretation above the actual law ?



    Is it still not clear for you? eb-dependents are NOT eligible for F2A.
    So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.

    I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".

    You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).

    You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.




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    07-03 05:57 AM
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    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.

    -- let the campaign begin..




    apahilaj
    11-25 08:20 AM
    Hi,

    Yesterday I got the response for my SR opened on 10/16 for still not receiving FP notice yet. The letter says that the processing on my case has been delayed since the background check on my application is still open. Please contact after 6 months if you still haven't heard back from us. My assumptions are:

    1. Since they did not mention any where in the letter about biometrics, they are talking about my 485 petition and not my finger printing notice. Guess they misunderstood why I opened the SR with them. Does that make sense?

    2.Is it possible that I haven't received FP notice since my background check is still in progress? I thought that these were two independent process...

    Any suggestions would be appreciated!

    Thanks.




    sriswam
    07-02 08:48 AM
    Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
    Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!



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