Wednesday, June 29, 2011

newsweek magazine

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  • atul555
    03-26 06:01 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.

    Man, this website relieves my stress as it makes me realize that there are people whole lot depressed than I am , and it puts my life into perspective. Stress is only a state of mind.
    For you sir, please live up to your username and cheer up. First thing you need to do is make a baby, everything will fall in it's place, trust me.




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  • dontcareanymore
    08-25 12:04 PM
    I wish they go after the fake companies that acts as GC boutique and also those who "bought" GC from them. (I mean not really bought, but who got GC from a company who originally never intended to work for them or never did). And of course use those numbers for LEGITIMATE cases (I hate to see those numbers go waste).





    lots and lots and lots of h-1b's getting denied. extensions, change of employer, 140's approved, etc. doesn't matter.

    just about all h-1b's getting rfe's and many, many are stuck in "background check". This is just a cop out by uscis where they are investigating companies use of h-1b's (this is reason for slowdown in processing times ) by vermont service center.

    uscis caught many companies in fraud - also consulates - many companies giving internal projects, etc. or fake purchase orders and getting caught by department of state which then forwards to U.S.

    ICE is making visits to consultants homes to verify where they are actually working and comparing to h-1b's.

    Next; investigations will start with greencards.

    I warned last year; that all the noise everyone was making about h-1b's and greencards was going to eventually get hit back by government agencies. Now; we are seeing this.




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  • sledge_hammer
    01-30 05:15 PM
    Exactly!!

    Unfortunate that many did not get your sarcasm and might have given you bad reps. No worries, I gave you a green :)

    And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???

    :rolleyes::rolleyes:




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  • a_yaja
    05-07 08:47 AM
    I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)
    Nice argument. I bet if you had your GC or if you were a US citizen before you got married you would support chain immigration - after all what good is to be in this country if you cannot bring your wife over here? How about when your parents get old and they need care? Then you will curse the system for being unfair towards family based immigration. Afterall what good is a job if you cannot bring your family here?

    Try to think beyond yourself. If not, your are no better than those opposing immigration. After all, even NumbersUSA is for immigration - as long as it is restricted to a few thousand a year! So is ALIPAC - they are for legal immigration but against H1Bs immigrating to the US. How are you any different from either of these organizations? As far as a someone wanting to come to the US on the family based immigration route is concerned - you are anti-immigration too.



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  • bluesky1
    10-11 02:36 PM
    Here's more information. I only got the receipt numbers. The package arrived at NSC on 7/3 and recieved by R. Williams at 9:03am. My I-140 was approved at TSC last year. I live in NSC area. Receipt numbers started with LIN, so the cases were not transferred to TSC. I hope this means that they're processing the box for 9:03 on 7/3.

    Congrats bluesky1!!!
    Can you tell us more about your application like RN on receipt? TSC or NSC?




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  • desi3933
    07-10 12:14 PM
    same way you prove that in the case of I-140... by writing up letters exlaining job duties... and showing offer letter, pay stubs, company tax returns and/or quarterly tax receipts, client contracts... etc etc etc...

    Well, then you are covered.

    again: what is your true point? why do you suspect that this is difficult?

    Its not difficult if one is really running the business. It may be difficult for someone who is looking for job and opens a company to show self employment with nothing else going for that new business.

    .



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  • tikka
    05-23 11:32 AM
    Thank you for your e-mail. It is very important to me to know the issues
    that are of concern to you. A growing number of my constituents are now
    choosing to communicate with me via e-mail. I hope you will understand
    that, because of the volume and range of e-mails I receive, it can take
    some time to send a response that specifically addresses the subject
    raised in your message. I do, however, want to let you know immediately
    that your message has been received. Hearing from you and others through
    e-mail helps me to quickly learn the views and interests of New Yorkers
    and others, which is very helpful to me in my work in the United States
    Senate. I hope you will continue to monitor my work through my website
    at http://clinton.senate.gov, and I welcome hearing from you.

    Sincerely,

    Senator Hillary Rodham Clinton




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  • h1b_slave
    06-18 02:39 PM
    My lawyer sent I-485 docs to Vermont Service Center, which they received on 5th June but No Receipt or No Checks cashed yet.
    Has anybody who sent to Vermont received any update ?
    Anybody in same boat ?

    Thanks



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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (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. 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. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always 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 the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, 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?

    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".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.




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  • mpadapa
    08-18 04:16 PM
    8 pages of little substance..:D

    Problem: USCIS is not following FIFO

    Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:

    SOLUTION

    Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone


    Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.


    Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.

    Best solution is HR 5882, it benefits everyone

    It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
    Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.

    Let us have a healthy debate to solve the problem rather than fighting over silly comments..



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  • gsc999
    07-10 06:17 PM
    PM me, I can send you conference call details
    --

    I just sent a PM to him with the details. yetanotherguyinline, please check your PM.




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  • chandarc
    07-19 09:43 PM
    I would ask the same question...

    If EB3 and EB2 are equal( unbiased) in eyes of IV, then why sanhari's suggestion is not welcome?

    I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.

    Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?

    Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.

    I anticipate and welcome reds, greens, blues for this post :)



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  • fromnaija
    05-23 01:41 PM
    Emailed the two Arizona senators plus 10.




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  • patiently_waiting
    09-09 07:38 PM
    Getting sick of this movement in dates.

    Illegal guy in US makes more money & without any hassle.

    Trying to stay legally hurts very much for the past 9 years.

    Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.



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  • mike_2000_la
    06-12 01:12 PM
    My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...


    I dont think there is the so caled "unprecedented volume"




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  • saimrathi
    07-06 08:56 AM
    It would be great if DC area news agencies are given a headsup about this act of gratitude toward Emilio... It would be nice if we can get actual reaction from Emilio.. he'l probably think he's been punk'd..



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  • bluesky1
    10-02 06:57 PM
    I added me here. Hope our box is not lost.

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1


    Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest

    If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.




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  • gk_2000
    07-20 04:45 PM
    Sanhari,

    If GCs were sold in stores I would buy you and your family a bunch of them.
    You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.

    The question you should ask is why have EB1, 2, 3, etc?

    Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.


    You signed up for this knowing what was in store.
    You think writing a letter or starting up a thread is going to help?

    I just wonder, is IV some kind of therapy? something like weightwatchers,
    maybe we should call ourselves GCWatchers, for frustrated GC folks from India.

    Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?

    India is shining, not a bad proposition at all.

    Mr. Paraya Desi

    I request you to mind your language. What you say displays a complete lack of understanding about the system

    It is not that they want the "most qualified" or "most brilliant" FIRST, and the rest later. As an example, if your toilet broke down and you have an urgent need to use it, would you welcome a beautiful girl knocking on your door, or a plumber. It is like this. It is a question of WHAT the COUNTRY needs, not who is made of gold

    Therefore dont think you are as an EB2 more (or less) entitled to anything, and correct the "faltu" ideas in your brain




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  • GC08
    09-14 07:34 PM
    As of September 14, 2007, USCIS has completed data entry and issued receipt notices for applications and petitions received on or before the dates indicated:

    California Service Center
    Form Number Date Received

    I-130 8/08/2007
    N-400 7/26/2007
    All Other Forms 9/06/2007



    Nebraska Service Center
    Form Number Date Received

    I-131 7/29/2007
    I-140 7/29/2007
    I-485 Employment
    Based 7/29/2007
    I-765 7/29/2007
    N-400 7/26/2007
    All Other Forms 8/05/2007



    Texas Service Center
    Form Number Date Received

    I-131 7/19/2007
    I-140 8/13/2007
    I-140 concurrently filed
    with I-485 7/19/2007
    I-485 Employment
    Based 7/19/2007
    I-765 7/19/2007
    N-400 7/16/2007
    All Other Forms 9/11/2007



    Vermont Service Center
    Form Number Date Received

    I-130 7/29/2007
    N-400 7/25/2007
    All Other Forms 9/4/2007



    USCIS Lockbox
    Form Number Date Received

    I-485 Family Based 8/30/2007
    TPS 8/26/2007



    TEXAS center is catching up!!!!:D

    If these data are true, how come a lot of July filers still have not got their receipts?




    syzygy
    07-07 12:54 PM
    Yes the core problem is visa numbers. We have been fooled to believe for few days we all are safe and GC retrogression is over without even realizing someone was taking us for nice roller coaster ride.


    When DOS doesnt have a Immigrant Visa available , its just not available.
    DOS made it effective 2nd ,
    "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
    USCIS by law cant accept any applications effective 2nd.

    People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?

    Sir , we are screwed, thats doesnt mean a law is broken


    We need the legislature intervention to make the limit higher.




    drirshad
    04-07 09:35 PM
    STRIVE and u will win ..........

    Or at least you will have ur SKILLs ......

    Khan
    ------
    Something worst always happen when much good is about to happen .........



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