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  • snelakan
    06-13 11:04 AM
    Hey all,
    Got the receipt notice today...
    Application date 06/01
    RD 06/05
    Service Center - NSC
    My lawyers received the receipt number through mail. You guys should be getting is soon.




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  • dixie
    12-14 06:25 PM
    F4 visa in CIR is the only clause that has self-petition for legal immigrants - again not sure if it is effective retrospectively. Speaking of travesties, what we are going through is already a big one. Frankly, we will be lucky to get any relief at all, let alone hard-to-pass clauses like self-petitioning. From what we saw during CIR, even die-hard pro-immigrant senators like Ted Kennedy aren't too keen on self-petitioning for legals.

    You are right CIR does contain provisions that allow workers to self petition.
    And yes, SKIL does not allow us to self petition, it is a travesty.




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  • msp1976
    03-08 02:34 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.

    Many of us are in the same position as you are and most of us understand your pain...We sympathise with you...
    One has to learn to find happiness is small things in life..Reading a good book..Doing something constructive always helps...

    Well...Getting the green card is not the pinnacle of success in life...That is again merely another start. Another day I read a story about a person who got green card in 2 years and went bankrupt in another year because of big medical bills....Adversity is alway gonna be there in one form or other..one just needs to face it..

    You can contribute your spare time to help our organization..That would be a good start....




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  • desi3933
    07-09 11:50 AM
    The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.

    Read again -

    (3) an immigrant visa is immediately available to him at the time his application is filed
    it means that
    At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him

    Also read my other post
    http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103


    ______________________
    Not a legal advice.



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  • akilaakka
    07-24 09:45 AM
    EAD applied on June 04, 2008
    EAD production ordered June 27, 2008
    EAD received July 03, 2008




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  • yadav
    08-31 08:50 AM
    Initially i filed I485 only and now I am planning to apply for AP, can you please send me the list of documents i need to send and the fee amount.

    thanks in advance



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  • redsun
    09-14 05:39 PM
    Filed on: 07/06/2007 (NSC)
    Receipts received: 09/14/2007 (CSC)
    PD: EB3 Dec 2004
    Concurrently filed 140 and 485




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  • sankap
    07-10 02:51 PM
    Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.

    Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.

    Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.

    Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)



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  • anzerraja
    07-20 10:57 AM
    Yes, looks like they don't want to do it sticky. What a bunch of modest people. Glad to have such a leadership.

    Let us all do our part to keep this thread on the top always.



    I dont think the admin will make this sticky or put permanently on the home page.

    All, who ever is online at any time please bump this up frequently if it is not in the top 5 on home page.

    ^^^^^^^




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  • trueguy
    07-28 12:47 PM
    Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.

    Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.


    You already see that happening. EB2-ROW with PD as early as Jan 2008 are getting approved. So they get their GC in less than 8 months (including all the stages).

    EB3-ROW will never be current and hence no spillover to EB3-I. EB3-I is screwed up royally. EB3-I will get 3000 visas per year and that will not help move PD by one month even.



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  • SunnySurya
    08-18 07:47 PM
    So, how are u going to help us????
    I will help you in this but do us all a favor and don't reply to any more messages....




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  • h1techSlave
    03-10 05:56 PM
    "There goes my people, I must follow them."

    I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.



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  • ramus
    06-05 01:29 PM
    Guys please contribute now.. We need money..
    Congrates to all who could file on June 1st..




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  • unitednations
    08-25 03:18 AM
    Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?

    A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.

    If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.

    Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.

    Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).



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  • chanduv23
    02-17 11:35 AM
    I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad.
    Of course many of these expectations cannot be satisfied in a honest non profit.

    A dinner for a family costs $50 easily.
    A movie for a family costs $50.

    The mindset is incepted deep inside and it is extremely difficult to change.

    Sometimes, I see people wanting to do something, but their spouses don't allow them to.

    When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....

    People carry such mindsets, it is difficult to bring about awareness and change.




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  • h1techSlave
    04-29 10:59 PM
    H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.

    I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.



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  • abq_gc
    08-18 02:42 PM
    SunnySurya,

    There is ABSOLUTELY NO QUESTION of contacting state chapter heads. State chapter heads are not your personal lackeys. They are members who receive instructions from the IV core team to take on initiatives.

    This is NOT an initiative that the ENTIRE IV community supports and hence will NOT be taken up by state chapter heads. The key here is UNITY UNITY UNITY. You have chosen to break the FIRST CODE of IV ethics and that is UNITY.

    Lastly, it is NOT upto YOU to decide what is ethical and unethical. It is upto the CORE team. So please consult with the core team before you make up the rules.




    What's yur damn problem if someone wants to fight INJUSTICE ??? If u don't fucking like the idea.. then back off and stop reading this post.... u dont have to lecture anyone on what's ethical and unethical... remember we are all Highly skilled here.... so we can decide that for ourselves...




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  • EB3Ind
    09-03 11:41 AM
    Hi,

    today uscis site updated for my spouse regarding EAD card for card produciton.

    applied july1st 2008
    lud july 8th 2008
    card production on site: 09/03/08




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  • mirage
    03-06 06:09 PM
    You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
    Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)




    desi3933
    07-09 11:19 AM
    it says nothing about who can file an application.
    it only says the "status may be adjusted" IF.....

    I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).

    Also, read (3) again in previous post
    an immigrant visa is immediately available to him at the time his application is filed.


    Do you know that "his application" means here. Right, it is I-485 application.


    ______________________
    Not a legal advice.




    man-woman-and-gc
    09-16 02:35 PM
    Only 2 people stepped up today....

    How are we going to reach 1000?



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