Friday, June 17, 2011

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  • gctest
    09-14 02:40 PM
    Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.

    Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
    But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.

    Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".

    I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.

    Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.




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  • gaz
    09-12 12:01 PM
    how about sending balloons with a message on it?

    the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them

    inflated balloons would be visible also when the delivery arrives




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  • qualified_trash
    01-03 04:22 PM
    I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
    I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........

    I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........

    It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........




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  • ashutrip
    06-20 11:00 AM
    I understand your concern. Hope for the best. Good luck friend!
    thanks for the good luck.....we all need a ton of it!



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  • GCwaitforever
    05-24 09:47 PM
    RIR EB3 India
    PD oct 28,2001
    I haven't received 45 day letter yet. My lawyer faxed twice to find out the status but no reply from PBEC. Is there any way to find out the status?Anybody here whose case is pending from 2001.

    Typically they send replies after a month or so. So please be patient and give a month or two. Then you should see some info regarding case status.




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  • Kodi
    07-12 02:49 PM
    Did anyone here get their PERM LC approved from Atlanta recently? They seem to have started processing.



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  • mango_man
    06-11 07:21 PM
    Just eat mangoes and have fun! GC doesnt taste half as good as Indian mangoes.




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  • kaisersose
    07-19 12:32 PM
    Cases will be processed on RD only. However approval is based on PD.

    Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.



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  • Humhongekamyab
    09-10 11:49 AM
    I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:




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  • hmehta
    01-02 09:19 PM
    I believe this is a very valuable debate/query and unfortunately there is no certain answer for this, there are numerous reasons either ways.....

    I am sure to go back to my Home country - my reason is bring up of my children.



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  • tampa2006
    07-18 09:14 PM
    I have contributed my bit by signing in for $50 montly contribution. I hope that we will make IV a grassroot movement.




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  • franklin
    07-16 01:59 AM
    ...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!

    Feel free to pm or email if you need anything or have questions.

    I don't want to sound like a know-it-all, but we are more than willing to help out however we can.

    Drona, from SoCal, was up for the rally and integral in helping out as well.



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  • GC9180
    12-10 09:06 PM
    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.

    If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.




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  • Guest007
    06-29 02:43 PM
    I'm really hoping they'll catch up and we won't have to wait 4 months. My 6th year H1 is expiring this December and I need to get the I-140 approved so I can get H1 extension.
    You dont need a approved 140 for filing H1 extension for 7th year.. Only advantage with approved 140 is you will get 3 yr extension instead of 1.
    All you need for H1 extension for 7th year is that a labor cert be filed at starting of 6th year.



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  • gc_on_demand
    06-10 11:16 AM
    Please call CHC members ASAP.. takes only 10 minutes to call..




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  • Googler
    04-30 03:28 PM
    Taking a break at work so decided to listen in. Aytes said something astonishing a little bit ago -- the FIFO was a great idea but under present circumstances it is not...something about very early PD applications may take longer...

    This is an outrageous statement and he deserves to be berated and grilled about it. I hope IV core is paying attention and will bring this to Lofgren's attention.

    I hope a full transcript will be made available. There should be a point by point response to all their BS.



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  • bobzibub
    07-18 05:20 PM
    For the ROW category, the manual seems to indicate that they have a general date (such as in the Visa Bulletin) but I would expect that they have many visa counts for each country..... Anyone have a quick synopsis of how they handle that?
    I'm Canada btw....




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  • Edison99
    10-22 09:52 AM
    Thanks for nice info!
    My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.




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  • gg10004
    03-17 10:08 PM
    IRS faq clearly states that everyone on the tax return should have ssn. Even if one has ITIN no one will get the extra refund. Please read IRS faqs
    http://www.irs.gov/newsroom/article/0,,id=179181,00.html

    I myself am filing for extension to get ssn for my wife, i have her EAD but she is in India, so have to wait for her to come back and file for ssn.

    Q. I file using an individual taxpayer identification number (ITIN). Can I still get a stimulus payment?

    A: No. The law does not allow stimulus payments to people who file a return using an ITIN. A taxpayer must have a valid Social Security Number to qualify for the stimulus payment. If married filing jointly, both taxpayers must have a valid Social Security Number. And children must have valid Social Security Numbers to be eligible as qualifying children.

    Q. I have an ITIN, but my spouse has a valid Social Security number. Can we get a payment?

    A. If you and your spouse file a joint return, you will not get a stimulus payment. If your spouse files a separate return, your spouse may qualify for a payment, based on his or her income deductions and credits.

    Q. If I have a valid Social Security Number and my child has an ITIN, do I get extra money for the child?

    A. No. To qualify for the extra credit for qualifying children, not only do the taxpayer and spouse, if filing jointly, need valid Social Security Numbers, but the qualifying child must also have a valid Social Security Number.




    PD_Dec2002
    03-17 08:51 PM
    Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.

    Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html


    Basic Information on the Stimulus Payments

    Updated March 14, 2008 — new 1040A-3 package

    You've heard about it. Now find out how to get yours.

    What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.

    Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

    Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

    Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.

    A very cheap attempt at sensationalism, if that's what your intention was. But if you really are clueless about this issue, then here are the facts:

    There are several thousands of H-1Bs and GC aspirants who have SSNs for themselves and their spouses. This stimulus package will give rebates to these thousands so long as their AGI allows for it. Also, all H-1Bs are eligible for their rebate since they would have SSNs. It is only when their non-working spouse (H-4) does not have a SSN that the H-1B holder becomes ineligible.

    Thus, the title of your thread is misleading. Change the title to "No Stimulus Package to H-1Bs whose spouses do not have SSNs". And again, this is not targetting H-1Bs or GC aspirants. Any US resident without a SSN is ineligible for the stimulus package.

    Regards,
    Jayant




    sumansk
    12-21 05:44 PM
    Hello Pappu,
    I have written this article on the plight of Work visa holders.Feel free to make editions.

    Here it is..

    Rewards of Being a Legal Immigrant!

    The spirit of this nation had always been to award hard working and law abiding people irrespective of their color, race, culture or origin. But off late there has been a rise in the anti-immigration sentiment. One reason for this is an alarming rise in the illegal immigrants in United States estimated to be around 12 million. This has led many to believe that immigrants in general are not good for the already settled (Permanent residents and Citizens) Americans and they depress economy and put burden on the economy. This is a false notion harbored by many and needs analysis. First of all there is a vast difference between a legal and an illegal immigrant. A legal immigrant or people living temporary are here to help this nation make progress and are here to contribute to the economy of this nation. They have come here on the specific request by the companies; universities and other organizations. They are unnecessarily being victimized for their status as part of the larger immigrant community. They are the most misunderstood community today among the immigrants in general.

    The temporary visitors largely are H-1 B, L-1 and Business visa holders .Many of these people are here for many years and waiting for their Green Card after having applied for it. While they continue to work for the same employer waiting for their permanent residency, they feel stagnated in their career path, salaries and even on personal development front because the law does not permit them to change employer while their green card is under process. If they do change then the whole process will have to start afresh.
    As one frustrated and depressed work visa holder, Rajneesh puts it ?The plight of an immigrant can only be understood by those who are in the same shoes?. A legal immigrant who is in USA is only here on invitation by the US based companies or organizations willing to legally sponsor them for reasons that they do not have enough skilled professionals to do the job. The fate of being a person waiting in queue for a Green Card was never dreamt by me unless I was a victim of such a wait myself. The whole life revolves around waiting for just one card called green card. All the life?s plans are shelved off for some future dates. Many of them wait for settlement as they fear that buying a home or property or starting their own company may be at risk if their green Card is not approved or if they are out of status and in that case they may have to leave the country. There is a constant fear lurking in their psyche that what if they are laid off when they are waiting for their visa dates to become current so that they can apply for adjustment of status. Their dependent wives cannot work legally as law does not permit them to work while on dependent visa. These in many cases have resulted in domestic violence and depressed spouses resulting in disturbed and broken families.The spouses of these legal temporary residents stay at home and feel frustrated as they are also highly educated and can tremendously contribute to the development of the nation if given an opportunity. They feel choked as they have to plan well ahead in time for visits to home country and have to keep themselves abreast with latest immigration laws and by laws. A lack of this planning and understanding has resulted in many being denied entry while trying to re-enter. There are so many issues that they have to deal with being a temporary resident here just because they chose to come to America in search of realizing the American Dream. Most of them feel as if they made a wrong decision having come to America. This has sent a negative feedback in their native countries that America is no longer a welcoming nation for temporary work visa holders and one may have to wait up to more than ten years to get permanent residency. This feedback has turned many potential high tech and software professionals elsewhere. The current wait time in Canada and Australia is less than a year. European nations are also becoming a very welcoming society for these people. So the competition to secure them is getting hot.

    While the wait becomes long the anxiety and depression starts to sets in most of the cases. Many have therefore already left this country and this is a drain on the economy as they are now a part of other nation?s economic development. Many of this class of people were educated in United States and were contributing but the immigration laws have forced them to go elsewhere. This class of people have advanced degrees from either US or other countries and have an average work experience of more than 3 years.They form the top class professionals among the populatoin and their loss is a loss to this nation.America is land of opportunity and for those willing to work hard for a better future should be rewarded and taken care of, but it seems there is no one listening right now to their voice. The spirit of America seems to be getting lost somewhere.

    There are organization and groups like NumbersUSA who oppose any increase in their visa numbers which can drastically help these victims of bureaucracy, but due to their short sightedness they fail to see that the same people whom they are opposed to will help increase the economic well being of this nation once they become permanent residents. This is so because once they get permanent residency, they all will move up in the ladder demanding higher salaries and thus supporting the proponents of anti-immigrants view point. Right now they are all stuck in the same state for years. This may in some case lead to their exploitation which may in fact depress wages. Their short-sightedness, misinformation and vague propaganda have created an atmosphere where the na?ve public fails to understand the difference between the real benefactors and illegal immigrants. This has led public develop an overall anti-immigrant sentient.
    Presently there is a bill pending in Senate called the SKIL bill (S.2691) introduced by senator John Cornyn (TX) Co-sponsored by George Allen (R, VA), Wayne Allard (CO), Bennett Robert (UT) and others. There is another related bill introduced by John Shadegg (AZ).This bill seeks to increase the annual visa caps for Immigrants visa under Employment category, exempt students who earned masters in USA, Allows to apply for Adjustment of Status even though there may not be immediate available Visa numbers. The bill is intended to secure the American competitiveness in 21st century while countries like India, China, Australia and European countries compete for skilled man power in Software and high tech sector to secure their competitiveness. This bill will help reduce the wait times for Temporary work Visa holders helping them assimilate faster in US society and thus securing the nations? interest.
    There are reforms for this class of immigrants in the much debated comprehensive immigration Reform Bill passed by Senate but congress did not pass it. These provisions got lost in the shadow of illegal immigration debate and therefore separate bills were introduced by way of SKIL Act of 2006 to take care of the plight of Temporary visa holders. By clubbing the provisions for both legal and illegal population in one bill did much harm to this community as they were totally neglected by the congressmen. These people pay taxes, social security (unfortunately cannot be claimed once they leave this country), contribute to the social causes by volunteering, donating during emergencies and they very much feel themselves a part of this nation.
    But the administration failed to reform current Visa availability issue which is doing much harm to the nation.
    The public is expected to understand the plight of these people and pressurize congress to pass this bill and not misunderstand the other immigration bills pending in senate which are controversial. These people deserve credit and appreciation for helping this nation and definitely needs a much awaited attention from the public and Government.

    Surendra K Suman
    http://surendraksuman.blogspot.com/
    ________
    CR125M (http://www.cyclechaos.com/wiki/Honda_CR125M)



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