Tuesday, June 28, 2011

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  • a_yaja
    06-26 04:12 PM
    I have to get the EMP LETTER latest by Friday June 29th from employer.
    For that i have to sign the agreement by June 28th Noon time.

    Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.

    Between 27th Noon and 28th Noon how can i consult a lawyer ??

    It all depends on how you want to lose the money.
    (a) Pay the employer for breaking the agreement
    (b) Do nothing and let employer send your case to collection agency. Ignore the collection agency and get black mark on your credit history (and lose money on higher mortgage/ auto loan rates, credit card interest, credit denial due to derogatory comments on credit report)
    (c) Do nothing and let employer take you to court. Then fight the case and
    (i) pay lawyer if you win
    (ii) pay lawyer and the employer if you lose

    At the end of the day, ask yourself how much it is worth to get a GC. If you think going through all this is not worth it, tell you employer to go take a walk and quit. You can start all over again with someone new.




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  • GCEB2
    09-11 06:49 PM
    Hi GCEB2,

    Please share you Infopass experience after you are done with it today. My case is exactly same as yours.

    I had info pass appointment today in Newark they asked my
    Info pass appointment letter
    I-485 approval letter
    Passports

    I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.

    I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.

    After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update

    Approved on 8-12-08




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  • gc28262
    06-28 10:48 AM
    desi,

    I am not trying to make an argument here. I am saying what I am seeing in law.

    Security Clearance.
    I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.

    <quote>
    Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.

    </quote>

    On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?

    Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.




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  • BharatPremi
    07-10 05:22 PM
    So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use


    PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
    HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.

    Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips

    Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
    Refer to the article in the body of your email. For example
    You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
    After this, you can say that please refer to the attached press release for more information
    Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
    There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
    Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.

    Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)

    Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.






    I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.



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  • brit_gc
    08-02 11:16 AM
    I received the receipt number today from my attorney

    My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
    My I 140 was approved on 27th July.

    My receipt numbers are as below, so it was moved from Nebraska to Texas

    I-485- SRC-07-230-xxxx
    I-765- SRC-07-230-xxxx
    I-131- SRC-07-230-xxxx

    Andy




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  • veerug
    09-13 01:12 AM
    Application was received on July 12th. No cheques cashed and no receipts!



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  • BrazilianCitizen
    06-07 01:26 AM
    It is better to take your time and make sure everything is sound, then hurry and miss something.

    Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?




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  • meimmi
    04-23 10:42 AM
    My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?



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  • reddymjm
    05-05 04:39 PM
    Even USCIS does not know that yet?




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  • caydee
    05-23 07:23 PM
    Go ahead and send them as well, after you are done sending the first 2 (your state) and the 10 other priority senators.

    I have sent to my state senators + 10 senators IV identified. I have also sent an email to the ND senator after he voiced his support for our cause on the senate floor today. I now plan to write to all 2008 presidential candidates. Most importantly I am going to write to Governor Arnold Schwarzenegger, as he has always been a champion of business and immigrant communities.



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  • amitjoey
    11-17 05:33 PM
    Posted on the Northern California chapter.

    Chapter leaders- Please post on your chapter groups.

    If you know your state chapter leaders, please ask them to post on the yahoo groups.




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  • GumI485
    07-03 08:37 AM
    I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)



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  • chanduy9
    07-03 12:50 PM
    Order # FNM1314828


    Guys do it..lets try our best.

    Thanks,
    Chandra.




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  • Prashant
    07-10 10:30 AM
    A shipment of 100 Blooms of Peruvian Lilies, ProFlowers order# EGONZA0*****, was delivered by FedEx for Emilio Gonzalez at the requested address of

    20 Massachusetts Avenue, NW ,
    Washington, DC 20529

    on 7/10/2007.



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  • mani_r1
    07-19 11:18 PM
    Count me in for $100.




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  • chantu
    02-09 02:21 PM
    Though I have lost my contract this week and searching for new opportunity, I want to contribute $25.

    But how do you contribute $25? I can see links for $50/$100 etc.

    Thanks.

    Thanks a lot kate123.

    Grand Total - $338

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.



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  • GCEB2
    09-03 01:33 PM
    I did try to talk to customer care but it was of no help.
    They tell me to wait for 30 days and sometime 60-90days.
    They say you will become actual permanent resident when you get the card The card is important.
    You now USCIS don’t know when they will change their minds.

    To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,

    let’s wait and see


    approved on 8-12-08
    NoWelcome notice Or Card




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  • GCStatus
    09-15 12:26 PM
    Friends,

    I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
    http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#

    Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.

    Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.

    I will keep publishing this sheet from time to time on this thread so people know.

    Please keep pouring in with ur suggestions.

    And we will proceed if its more than 1000 too ;-)




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  • Green.Tech
    03-25 10:19 PM
    I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.

    So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.

    EB3 wait is my only way out now......

    thanks

    Good point, gene. Folks think that switching to EB-2 is easy enough...not really...esp. with no PP for 140...It can take years to convert in the present situation...and a lot of companies are not interested to file second labor or 140...

    Hang in there mate...




    sankap
    07-09 11:58 PM
    @desi3933:

    1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?

    7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

    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".

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

    Sankap -

    Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

    1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

    2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

    3. I-140 is for permanent and full time job only. See Page 5 of
    http://www.uscis.gov/files/form/i-140instr.pdf

    4. Also, read this. It says 'Permanent Employment'
    OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


    5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

    6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

    7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

    8. Most of the full time exempt jobs in this country are permanent in nature.


    ___________________
    Not a legal advice.




    krishnam70
    07-03 12:14 PM
    The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
    good some people are taking notice and doing it.. lets keep it rolling and hope atleast few more add on.. cmon guys its just 35$ after all these years and so much money spent what is 30+ bucks.. I promise I will contribute to IV also regularly... make the noise.. and make sure this thing is mentioned in the blogs too so if people miss it here they will read it there and respond...

    good idea prashant



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