Wednesday, June 29, 2011

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  • CHHAYA
    11-18 09:11 AM
    Done.




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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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  • pappu
    09-10 12:49 PM
    There is no short cut to get relief. Each one of us needs to spend time, money and effort on a continuous basis for a long term, if we want something to happen. Nothing happens overnight. If your opposition is tough, economy is bad, you have to make more efforts to get things done. Many just come once in a while on IV forums when visa dates are bad, blame IV for doing nothing, give ideas and go away. We have seen it oft repeated after every visa bulletin. Those people who complain have never even tried to become a volunteer and tried doing anything. That needs to stop. If people genuinely want something to happen, each person needs to get active. We have stopped posting much on the open forum for these reasons. Very few show real commitment and sincerity. $25 is the least you can do to show that you are committed to the purpose of this relief and appreciate the hard work of the organization. We are always welcoming anyone who wishes to volunteer and can help implement their ideas. So if you have ideas and can commit your time, skills and energy for it on a continuous basis contact us.

    As a first step do this action item now:
    http://immigrationvoice.org/forum/forum89-news-articles-and-reports/324571-immigration-voice-newsletter-the-future-is-not-in-the-hands-of-fate-but-in-ours.html

    We do not need 10s of people meeting lawmakers. We need thousands in each state. It does not cost any money. Just spend your time and show sincerity for something that will benefit you.




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  • ashishgour
    09-25 10:54 AM
    Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.

    Thanks,
    -rk.

    Filed on July 23rd at Nebraska.
    Got receipt numbers for AOS only. :)
    No news on AP,EAD yet.:confused:
    Receipt numbers are WAC-XXX-XXXX and case has been transferred
    to TSC as my 140 was approved from Texas.

    Receipt Date : 18th Sept 07
    Notice Date : 20th Sept 07



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  • Kushal
    04-22 06:20 PM
    Hi Admin,

    Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.

    How many of you ready to donate if we raise fund to help Mehul's family?

    please create a thread for donation and let us know...




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  • dtekkedil
    07-03 12:35 PM
    My Order # FNL1782679



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  • transpass
    08-20 08:51 AM
    Krithi: Can you please let me know how to go to Adv Parole side. Although we have had them but have never used them before. So I need to guide my wife towards this AP area.

    So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.

    Sorry with my fundamental questions but I have never used my APs till now.

    Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.

    Thanks a lot
    Best Regards,

    You have to go and line up in the visa line NOT citizens/PR line (since you are not one). Just carry all relevant docs - EVL (if applicable), receipt notice copy of 485, both originals of AP, etc...




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  • apahilaj
    08-18 10:52 AM
    Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:

    1) I-140 approved at TSC
    2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
    3) I-485 mailed to NSC during last week of June or early July ?

    Thanks

    Same exact case. LUD on 140 - 7/28

    No receipts yet.



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  • rbharol
    10-25 12:12 PM
    Lets wait another two weeks and see who wins :)

    If opinion polls and media coverage are any indication, it appears democrats shall rule
    the house.

    For us the best congress would be the one which passes SKIL bill.

    It was unfortunate that despite Republicans ruling the house, they did not even discuss
    anything on immigration, specially for high tech skilled workers, even though SKIL was
    introduced by Republican leaders.

    I hope they do *something* during lame duck session.




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  • desi3933
    07-10 07:49 AM
    Please post URL of this and others. Thanks!


    Sec. 245.1 Eligibility
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb694c827d9948014308614d0f546 dca

    Sec. 245.2 Application
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b6eb96a99e4c335717a65793ed573 a56



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  • abq_gc
    08-18 01:18 PM
    This issue cannot be solved through Lawsuit. What are the other alternatives?

    What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??




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  • rskanth
    07-05 10:55 AM
    Do we send the flowers individually or collectively? I am in either way.



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  • geevikram
    07-20 09:40 PM
    Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...

    No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.

    What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?

    I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.

    Again, please do not twist what I said. I rest my case.




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  • Ramba
    04-20 03:50 PM
    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.



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  • helmet
    09-03 02:14 AM
    received cpo email for EAD today. AP is still pending and there is a soft LUD on 9/1/08.
    RD: 7/15/2008




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  • dehradoon
    10-08 05:45 PM
    I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?

    :D ... couldn't stop laughing, the gov't should move the H1B quote to 250K/year and keep the GC to 140K/year, US will then get over a million people in the next 4 years.

    forward looking scenario -

    If nothing happens in the next 4 years then everyone who's here would still be here talking the same things as right now (with their bewildered hope of getting thru), the difference being all the 2005-2007 would also be old timers then, That would really change their perception.

    Hey, this is just an opinion. nothing to debate on .... pure speculation. if you want me to give the full disclosure on forward looking scneario I can get that done but I'll have to rip it off some analysts comments :cool:



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  • nogreen4decade
    08-31 03:41 PM
    I really like this idea.... Actually if north Indians didn't rule Central government in India for such a long time (before PV Narasimha Rao), south Indians would be better off in India itself !!! Then north Indians would be citizens of USA in no time, and South Indians (in India) would have been happy about it!!!

    Either way, get well soon!

    USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D




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  • shaq
    05-19 01:13 PM
    I am waiting for FP .Even I have called TSC having intention to open SR ,i got the reply all files are up to date and they can not open SR for FP ...Files indicate that FP is complete.(God knows what they mean,whose fingerprint they have on my file) ....I have not given any FP so far except at the PORT of entry .

    Have you received your FP?




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  • joydiptac
    07-22 02:09 PM
    Even If this happens, it will not help EB3I because then the spill over will be shared by all countries in EB3. Then there will not be any option left both for EB2 and EB3. Now atleast there is an option for some EB3 folks to move to EB2.

    Don't worry EB2 Dude! Nothing is going to happen. You will still enjoy the enhanced status that you currently have. The EB3 folks like myself have far too much lethargy/timidness to do anything. The fact that they are still in EB3 after so many years is proof of that. :D




    atmercyofdol
    10-08 01:29 PM
    I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?




    Dreamer07
    08-09 10:10 AM
    if the only way to reduce the backlog of EB3 is to port to EB2, why EB3 category at all. Just remove that category... Maybe lawyer's should come with a better alternative than giving this lame advice. EB3 category are still employed for the past 10 yrs - shows that they are required-then why not fight to get their number of visas increased or the spill over be applied to them equally as to EB2.



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