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  • Macaca
    07-08 09:49 PM
    only 27% of the annual quota is released Oct 1
    the first 3 quarters cannot use more than 27% each
    that is the whole issue
    on the first working day of the month/quarter, where were the remaining 19%
    that should be available by law?
    how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
    This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.

    As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.

    Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.

    We need to concentrate on issues that support accepting July AOSs.




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  • mwin
    08-28 01:41 PM
    Looks like they are processing EAD and AP (in the mail room itself:) ) along with receipts. No point in touching the same application twice or thrice. If you get a receipt then you should also get EAD and AP:):).

    It's very frustrating.. TSC is sitting on our application or what? Approx 30K application are there for July 2nd filer including NSC->TSC transfer(per old NYT report). We see reporting of 1 or 2 receipting a day then few quite days. :mad::mad::mad:
    It will approx 60 days since filing and still waiting for Receipt. What a heck..




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  • lost_in_migration
    05-01 05:31 PM
    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
    203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP




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  • desi3933
    07-09 11:02 PM
    Chandu,

    1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

    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 permannet 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)

    Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
    Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.

    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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  • sracharla
    08-23 01:04 PM
    Yes...LUD on August 8th.

    Hi Sracharla,

    Congrats on yur EAD.. Did u have a LUD on yur I-140 ???

    Thanks,




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  • sainwa
    06-18 12:26 PM
    Mailed to NSC on: 1st June
    Mailed From State: IL
    Received at NSC on: June 2nd
    receipt date: June 4th
    140 approved from : NSC
    Receipt Date : June 16th
    Cashed on June 16th
    Receipt recedived on June 18th

    June 16th was weekend. Are they working also on weekends?



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  • JazzByTheBay
    09-15 12:18 PM
    I appreciate your spirit, although I don't agree with your belief that you own the thread or the messageboards by the virtue of your creating a thread.

    What I posted was a plea to introspect (more so as the first anniversary of the D.C. rally approaches) - it was in no way dismissive of your efforts, or an effort to ridicule or demean your thread or its spirit.

    Not sure why you felt the need to be rude - being firm and clear about your goals is a sign of leadership, and being blunt may get you some more brownie points. However, brash/rude behavior is not a substitute for that clarity and firmness, imho - particularly with those who may be working towards the same goals as you are (albeit coming at it from a different angle).

    All the best in your endeavors, my friend.

    jazz

    JazzbytheBay - I am sure you read everything from the top.

    This is NOT just any other thread. We are going to do it. I am glad to see some brave minds joining on this initiative.

    If anyone cant contribute anything, just dont say anything. I thought it was clearly mentioned in the options provided




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  • inr
    10-08 04:15 PM
    Still Waiting !! 90 days reached, Received by R.Williams,on July 5th. Did any july 5th filers got receipts send to NSC and transferred to TSC.
    LUD on 07/28,other than that nothing till far. anyone?




    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1
    greener_pasture

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat

    July 11, at 11.24 am at Nebraska signed by F.HEINAUER
    -----------------------------------------------------
    technoboy

    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc



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  • rahulpaper
    09-03 05:35 PM
    Applied june 26th and received CPO email today.
    How many days do you think will i get the card in hand?




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  • gc_chahiye
    07-08 12:45 PM
    I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.

    Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.

    My 2 cents.

    but why in 15 days? They had upto Sept 2007 to use up those numbers. So they worked overtime to make sure they dont have to accept new applications. Can they atleast admit to that?

    We got screwed by them, and they claim (see the smug look on Condi's face) it was all a matter of course, nothing extraordinary.



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  • apb
    09-07 06:06 PM
    Scene at Consulate
    IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.

    H1B applicant:--> SO WHAT IS THE CATCH.

    IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
    ---------------------

    Hope one more catch the vision of IV




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  • caliducas
    09-17 09:57 PM
    My attorney got the receipt notices in the mail today. See my signature below.



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  • amitjoey
    07-09 06:56 PM
    mcuban@hd.net,
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    I am emailing these addresses right now, please help, any volunters. Need a lot of you to email.




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  • a_yaja
    06-26 02:44 PM
    "Until and after 1 year" - how does it save me - the word "until"

    please explain for me - Thanks Much ?
    You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.

    Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).



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  • DianaSteve
    03-08 06:30 PM
    I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
    We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
    I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.


    I wonder what is holding you from having kids or making an investment. See GC is not the ultimate goal. I am spending so much money on estending my visa. Imagine on the same job on the same chair, no promotion, no major raise, no opportunity becuase of this crisis. But I do see a light. This year it's going to happen. Wait and see. So don't loose hope. Meanwhile enjoy the things you have. Don't worry about tomorrow.

    "They also serve who only stand and wait....."




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  • rssb
    11-17 04:29 PM
    Done



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  • tonyHK12
    02-01 10:31 AM
    I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
    If not i am strongly looking at New Zealand too...
    Whats wrong with Canada? I see many don't mention it these days. I guess its pretty decent for technology.




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  • gcdreamer05
    02-01 08:36 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)




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  • rtarar
    02-05 08:01 AM
    Called the service center.Muiltiple times.Opened SR twice still no FP yet.
    Mine is a NSC->TSC case.

    I will try calling them again today.

    what else :-(




    dkshitij
    11-17 03:10 PM
    Please contact members of congress by clicking on the action alert below.

    It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.

    ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)

    Please spread the word everywhere for more participation

    Please post on this thread once you have sent the email. Keep this thread up for the next few days.

    In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."

    It should be children born OUTSIDE of US not INSIDE!!!!




    rameshvaid
    11-18 05:09 PM
    Dear Mr. XXXX
    Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).

    The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.

    As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.

    Thank you again for sharing your views with me.

    Sincerely,

    Sherrod Brown
    United States Senator

    P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..



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