Sunday, July 3, 2011

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  • Raju
    07-02 09:59 AM
    My attorney sent me an email yesterday that my application along with some others applications were filed and they will reach USCIS on July 2nd. They did not send me the tracking number as they are busy working on other cases. I am glad that they filed it and I am happy that thier priorities are right(apply as many as they can ASAP). So, I think my application will reach there sometime today.




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  • GCBy3000
    04-06 02:56 PM
    Well said eager_immi. Getting GC and getting job and earning is not the only thing in life. I have seen many many couple who are gc holders and citizens, giving up their career to bring up the kids for the first few years. This segment includes US citizens ( US Origin) too. Most the of the americans here have their spouse at home to take care of their kids first few years. It is not worth anybody's time and money to have a kid and put them in daycare from day one and go out and earn and pay half of it to daycare and the remaining half you are left with is not even come close to the amout of time you spent away with the new born who needs your warmth and does not have words to express. So the time spent with your new born for the first few years is priceless compared to the dollar you dream to earn at the cost of having child.

    Enough of above, even my wife is CPA and we are married for 5 years now. She came to US dreaming about working in professional CPA firm. But my ignorance about GC process then cost her her career. She was depressed initially. I am an easy go guy and convinced her not to worry much about job. We planned and now we have 3+ year girl and a 3 weeks+ boy. Her mind is all set towards taking care of our kids and I am free from those job hunting depressions. Once both of our kids reaches 5+, she may again start to think about career. May be by then, by Gods grace, I hope to have my GC. I bought a house this year and we all live happily knowing all the uncertanites of H1. We knew it is risk to buy a house. But ultimately what is going to happen. Is anyone going to behead you in case you default or loose job? What the heck, file bankruptcy and go back to home country. At least the days we live here, we live in peace and enjoy. If you have this mindset, you will think clearly and will take positive decisions. Otherwise, everyday is hell in US for immigrants with the current GC process.

    Getting GC and earning is not everything. It is only very very small part of life. Forget about it and live today's life with what you have. Worry about things which you can control. All other things will follow you automatically. Having kids is in your hand and you have to have this sooner or later. Always, sooner the better and you can use this retrogression as an opportunity to execute those projects instead of worrying over it. GOOD LUCK.

    Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don’t think your logic makes sense.




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  • Maverick1
    09-30 01:44 AM
    You might need additional documentation only in cases of RFE. In most cases there are no RFEs. I know a friend of mine was job less for a year and changed 2 jobs under AC21(with different salary ranges ) after applying 485. Never informed USCIS (I guess it is not mandatory). He got his GC recently. He probably would have faced difficulty if there were any RFEs.

    One should be okay as long as the following are met :

    1) 180 days sice I485 RD
    2) Approved I140 (Some say approvable , but safe it is already approved)
    3) New job is substantially similar.

    Again it was not clearly defined what is substantially similar and I don't think there is any hard and fast rule about the salary changes. That leaves a lot to the discretion of the adjudicating officer. That is why it is important that (s)he trust the original intent of the beneficiary to join the employer and employers intent to recruit the beneficiary.

    There must be a memo with some clarifications in this regard.

    My 2 cents :)




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  • srini1976
    09-30 12:15 AM
    What happens when 485 is pending for more than 180 days and a person already used EAD for his current JOB(because of the policy of the Employer saying that: Once they apply for EAD employee needs to use EAD and company will not extend H1B anymore). Eventually employee will use EAD.

    The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?

    Please provide some input. All your opinions would help many folks!



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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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  • nehas
    01-29 05:59 PM
    in trouble. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.

    But as of now he is not paying me any thing. so is there any thing that I can do about it?



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  • walking_dude
    10-08 04:07 PM
    How do you know its rare? Do you know every Indian, every Chinese, every Mexican, every Phillipino [ all non-ROW countries] who has ever applied for EB GC? Mathew Oh posting about it shows it's being used by substantially.

    In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!

    Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?

    How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.

    India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?

    Labour substituition----Now thats bad...but its no longer allowed




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  • gc_peshwa
    02-09 01:11 AM
    Bump up. I plan to donate later. Too tired right now after a long day!



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  • Alabaman
    05-02 12:13 PM
    This might be too early but something that I notice that is missing is the ability to be able to Self Sponsor for Green Card instead of having to be at the mercy of employers.




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  • apahilaj
    12-16 06:48 PM
    Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...

    What are you guys thinking as next step?



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  • amsgc
    03-10 01:48 PM
    what makes you think i am sitting at home waiting for the gc?

    my post was in response to Sayantan's post - go back and read what he said.

    The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?

    Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.




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  • iam4u4ever
    09-28 04:27 PM
    By Self employment, do you mean working on 1099 or by starting a business and working for it?



    by starting a business and working for it ?

    thanks



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  • atlfp
    05-05 11:35 AM
    Wonder if you happened to mention the time line question? One section in the "Guest Worker" chapter says it can not be implemented 90s before the study, would that only cover the "Guest Worker" section or the whole bill? The house will try their best to push an enforcement first approach, if they gain more on that, then we might end up with a bill passed but never take effect. That would be the worst situation.

    Today I spoke to a Representative who deals with immigration issue at Sen Mike Dewine's (R-OH) office. I spoke to him for 15 minutes to understand what he and his senator think about this CIR.

    Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
    However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.




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  • anzerraja
    07-19 08:19 PM
    Heartfelt Thanks !

    pledge towards reimbursing core team



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  • Lisap
    09-01 07:33 PM
    Hi Lisap
    How come you have EAD card even before the Checks have been cashed?
    i thought Uscis first cashes the checks
    thanks

    Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....




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  • reddymjm
    06-12 11:55 AM
    I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.

    BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
    As far as i heard TSC is the fastest man. NSC is the snail...



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  • mpkmaster
    06-26 12:42 PM
    This and many other threads have undoubtedly a huge racist component and we urge the administrators to quickly remove them.
    You don't deserve to get a green card!
    What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
    We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
    Shame on you!

    Unfortunately no community is safe from that irrational attacks of racism!
    If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
    blaming Argentinian coach/ naturalized players on Football World Cup elimination!
    Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
    Unbelivable!




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  • waiting_4_gc
    08-26 10:49 AM
    July 5th filer.

    Checks cashed on 08/13
    Receipt notices received on 08/20.




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  • sankap
    07-10 09:52 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?

    Re wages, here's Yates memo verbiage:

    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”

    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.




    StarSun
    02-09 08:24 AM
    Pappu

    The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.

    Yes, you can use paypal. All one time donations go towards DC advocacy efforts.
    Thanks.




    jfredr
    08-13 01:56 PM
    Mine also reached there at the same time through fedex and brok woltstead signed for it.chacks not cashed yet.waiting for recipts eagerly.let me know who signed for you and when you receive your receipts.best of luck

    Signed by R.MICKELS at 9:01 on 2nd JuLY no luck yet



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