Monday, June 20, 2011

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  • tcsonly
    11-10 08:37 PM
    Count me in. I am in Pasadena, Los Angeles county.

    C.




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  • singhsa3
    09-12 01:50 PM
    These are all good thoughts but what u are suggesting takes some time.
    The issue has two legs:
    Leg 1: Process fix
    Leg 2: Increasing number of greencards

    What I am talking about is leg 1 and what you are talking about is for leg 2
    and both are required.

    Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.




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  • 485_se_dukhi
    07-20 03:16 PM
    Senators who abstained:

    1. Obama (D-IL)
    2. Brownback (R-KS)
    3. Byrd (D-WV)
    4. Lott (R-MS)
    5. Johnson (D-SD)

    Maybe writing to these senators and explaining our part of the story may help them at least see our point of view.




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  • Lisap
    08-10 01:58 PM
    My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?



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  • aquarianf
    08-26 01:25 PM
    I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
    Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
    I would appreciate it if anyone can give me few suggestions on this.

    Thank you.

    As many members posted, avoid ICICI. When you apply for loan, they will come to you and lick your feet and will do all sorts of promise about services. But after you take loan, you won't find same level of service.

    But whatever bank you decide to go with, DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER. It is not safe at all in their hand. Some banks requires SSN and some don't. ICICI requires SSN and credit report authorization. Negotiate with them. We negotiated with them and refused to give them social security number. We generated credit report ourselves and crossed out SSN and all account numbers from it properly. We did the same thing with other documents ie paystubs etc.

    We have two home loans one with ICICI and another with SBI. We have better experience with SBI. My parents are power of attorney holder and they mostly deal with bank and according to them SBI is much better then ICICI do deal with locally. We have now decided to prepay our loan with ICICI in next 6 months in full.

    Again remember DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER.




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  • bidhanc
    03-10 05:42 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.

    From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).

    But here are the Questions:
    1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
    2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?

    From the below excerpt (same Murthy site and part of above doc)

    Ability of New Sponsor to Pay
    m
    The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.

    Questions:
    3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?

    4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
    �..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???



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  • Bpositive
    06-24 11:10 AM
    Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...

    And of course, the longer term impact is that the US won't attract the best talent...




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  • pappu
    06-10 01:08 PM
    USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
    Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."

    That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
    We had received good feedback in our meetings with the administration.
    The whole process of making final announcements is just too slow!!

    We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.



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  • chanduv23
    08-13 07:11 AM
    Most people here in this forum have no clue what is happening. We can keep on argueing that skilled immigrants add value, innovation etc... but do not understand how politicians think. Senator Schumer talks about products and innovations - he doees it because our opposition has lobbied successfully and convinced the politicians. Products and innvoations do not happen by one person but, they evolve. Most of the big products were not developed by one person, but were developed because of teams, implementations, exchange of ideas etc..... Everyone in the supply chain is very important. If there are restrictions just to satisfy anti immigrants and their beliefs, then it will harm competitiveness.
    What is the point in having a bunch of managers when there is no one who is doing actual work?
    Moving people from company to company - this is the best thing that can happen. Consultants are more exposed and are better skilled. I would rather prefer to hire someone who has a beautiful resume with different projects rather than selecting someone who as been at a single place for 10 years who has no clue how outside world looks. Thats why consultants are paid big money.

    If our community does not realise what is going on with us then we suffer like this. It is high time that we realise what is going on.

    Do not trust the Indian American community to help new immigrants. The Indian American community is a FAT community with a lot of money and will care least for new immigrants. In fact they may work against us because they would not like to make it easy for us to compete. Those who are suffering are on their own. The community must realise and come forward.

    Do you have it in you? If yes, come forward today, build your community, make it stronger and lobby hard - there is a lot of hard work to be done




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  • diptam
    08-06 08:59 AM
    I'm finding it hard in getting the 7001 from employer - they are saying that its not our pplicy to nag USCIS on matters like I-140 stuck for 16 months. Basically they are very happy that i'm stuck and they can continue siphoning fat chunk of my billing ..... but they never say it that way, always say nice and good things on my face.

    what to do ? Shall i send only the letter to Ombudsman ? While working with Local congressman's office i sent a letter and they allowed me to sign consent form on behalf of my employer. I mean my employer was supposed to sign the consent form but CM's office knows employers will never sign so they got around it just to help me.

    Can we do something like that here - sign on the 7001 and write "on behalf of the employer " ???

    Raydon, thanks for expressing your situation. But I still feel we are not requesting TSC to expedite our cases. All we are asking his, please do justice to us and follow the FIFO for the I-140 petitions. TSC has been consistently approving cases filed in recently and just continuing to ignore our cases. If you can explain your attorney, I am sure he will understand. Or atleast have him, fill out form 7001 on your behalf and send his own letter explaining the situation to Ombudsman's office.
    I understand that I-140 is employer petition, but it ulitmately belongs to you. So you need to do whatever you can do some how convince your employer or attorney to assist you one time. I-485 is your petition, and you do not need any consent, if you need to send a letter to Ombudsman's office. So please try your best and see if you can mail the form & letter to Ombudsman's office.



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  • waitingmygc
    05-18 03:44 PM
    Hi ind_game, attorney and all readers,

    After reading ind_game last quote "God save AC21.....". I have following questions:

    1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
    2. Is it true that AC-21 info don't get updated in the USCIS records?
    3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
    4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.

    Please reply.

    thanks,
    waitingmygc




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  • waiting4gc
    07-18 06:12 PM
    A non-profit does not aim to make profit. However it can raise money in whichever way possible to support its activities. See definition below


    http://en.wikipedia.org/wiki/Non-profit_organization

    A non-profit organization (abbreviated "NPO", or "non-profit" or "not-for-profit") is an organization whose primary objective is to support an issue or matter of private interest or public concern for non-commercial purposes, without concern for monetary profit.

    Then it wont be a non profit organization any more. You can ask for donation but cant force for it.



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  • pointlesswait
    06-24 03:00 PM
    you are in fools paradise if you thing america is losing by delaying GC for us...in fact the more it delays the more it gains...

    a.) Obvious processing fess which runs into billions..
    b.) a whole industry of legal professionals who feed off legal and illegal immigrants ...what will happen to Murthys and khannas...and the collateral josb that have been created by immigrants
    c.) the Social security is being sustained by hi-tech and legal immigranst who pay their taxes on time.


    i can list many more..but then the purpose of your article will be lost!..;-)

    if you are asking for ideas on what is US losing..thats because they lose nothing...its only us who think that we are important for US..for them we are nothing but cattle from third world country!

    like i had said in my previous posts..its apartheid..but of a different kind!
    slavery never ends..it just resurfaces as a mutant!

    njoy!




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  • walking_dude
    07-06 12:44 AM
    Have you visited the offices of US Congressmen in DC, and tried to explain our issue to Senators and Congressmen? Yes, I have. I was asked the same question in each and every office - "If half-a-million people are impacted by the backlogs, how come only 3-4 people (idiots like me) visit us with this complaint. Why aren't we visited by our other constituents? Why don't your members even write letters to us?".

    This is THE REASON why the movement has not made much headway.

    It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.

    Every one starting their own organization or asking to do so doesn't solve the purpose.



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  • dilbert_cal
    03-14 01:40 AM
    Sorry - put in the wrong thread.




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  • rongha_2000
    04-30 04:36 PM
    What you say is absolutely correct, but I dont see any discussion to that effect happened today. USCIS folks painted a picture of how USCIS is increasing its efficiency and how last years surge is causing problems. There was no conclusion or even an attempt made to say "Yes, if these numbers are captured, the process will be faster." On the contrary to the question of removing the country cap the USCIS captain said "It has a resource implication.."

    Hope are dying away faster than the beach sand that slips away from your hand.

    Only positive thing that happened today and this is my 100th post and I graduated to senior member. :D

    For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.

    I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.



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  • GCwaitforever
    04-02 11:49 AM
    I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D

    All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.

    You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.

    Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.




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  • gc28262
    08-08 08:30 AM
    Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?

    This way it will turn out to be a letter campaign.

    What do you think ?




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  • ind_game
    05-15 09:53 AM
    Hi ind_game,

    For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.

    Please correct.


    My apologies........Can I correct the thread message now........it looks I cannot.......anyway here is the updated....thanks ak_2006

    Here is the scoop.

    from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.

    Liaison confirmed the following:

    1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
    2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
    I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.

    3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.

    4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)

    Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor

    Unanswered questions:

    1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
    2. Are they both not looking at my information with same interface?

    Conclusion:
    Atleast in my case it looks deliberate and intentional.




    Libra
    09-11 08:19 PM
    thank you pstvak for contribution. if you need help you can contact one of the IV member on
    http://immigrationvoice.org/forum/showthread.php?t=12441 thread.




    ksrk
    09-10 05:57 PM
    Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.

    I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.

    Hi Sachug22,
    I think the calculation is made this way...
    Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
    Available each quarter = 10010
    However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.

    Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
    Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.

    [In the hope that some analysis like this might release the pressure set upon by the latest announcement...]



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