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  • chanduv23
    07-11 12:01 PM
    I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.

    What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate

    Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you





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  • mhathi
    05-02 08:51 AM
    Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.

    An H1B holder is a resident for tax puposes as long as you meet the substantial presence test. This is evident from the fact that when you file taxes, you file 1040 or 1040EZ. Not 1040NR. When I was a student, I filed 1040NREZ. After graduation, I am required to file 1040.





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  • nixstor
    07-06 10:53 AM
    we are not talking anything new nixstor, there are people already waiting for years to get name check done......dont think if you pretend like nothing is happened will get a GC within a year....even though we might still stuck for years in the name of name check


    May be you are right. I am pretending like nothing has happened. But Those folks who are adding spin to the issue on security checks, are you focusing in any way on the root cause of the problem. My point is, If you bring security on, every thing else is shelved until security is fixed. If its already there, let it be there. Let AILA figure out in the law suit how they approved. Let Rep Lofgren do it. Why should we stir up the hornet's nest on digg and open doors to anti guys to tighten security checks on us. Its like we are going out there and saying that "yes, My buddy got GC in 6 months. The security system is not working. Please fix it " What will be the result?





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  • yabadaba
    08-02 09:28 PM
    Immigration - Are we there yet?

    All of us have been stuck at the DMV for hours together, trying to renew our licenses, trying to change our address or for getting married and updating our last name. Now imagine being stuck there for years together, waiting and hoping the line moves forward. This is what constitutes "being in line" for an immigration petition today. The end result is the same. You get a plastic card of limited validity, you are fingerprinted and you have your picture displayed. Only this is what is called a "green card."

    For all the restrictionists out there who think immigrants are taking their jobs, stealing their women and running off with their TVs, we are just like you. Today, I own a home, am part of my homeowners association, participate in the summer block party and try to ensure that my job is not off-shored. We don’t have horns on our heads that makes us stand out from the rest of you. I don’t get paid less nor has a single American lost his job since I was hired. In fact we have grown from a department of 5 people to almost 20,with me being the only immigrant. There are thousands of people like me who have played by the rules, have come here legally and now are being subjected to the quagmire of antiquated immigration policies that make us rethink the American dream. Do you, my neighbor, want us here?

    Today I received a letter from my congressman in response to a webfax asking him to support legislation for granting relief to people affected by retrogression. Retrogression for the uninitiated is the freeze on immigrant visa numbers because of an outdated immigration system. Mind you, for all the people who jump up and say "no to h1-b," this is nothing to do with a worker visa. I have already been certified by the Department of Labor and the United States Citizenship and Immigration Service, as an "alien with advanced degree or exceptional ability." This webfax only asked for his support for legislation that would allow the immigration policies to be updated to today's requirements.

    However, my Congressman does not understand that nuance. The letter I received from him talked about my support for H1B/L1 worker visas, which I had not mentioned in my webfax. If our lawmakers do not understand the difference, how do we make our American neighbors understand this complex issue.

    Immigration is a complex issue. It cannot be dealt with Lou Dobbs blaming the immigrants for all the middle class woes; it cannot be dealt with congressmen screaming no amnesty. It is a complex issue of thousands of laws, forms, advertisements and petitions. If it were not a complex issue then there would be no such thing as an immigration lawyer. Countries like Canada and Australia do not require immigration lawyers and the process is straightforward. So then naturally the question comes back of why am I still here. The reason for that is I still believe in the spirit of America. I believe in the American dream. I believe that things will work out. I believe that sanity will prevail. I believe that although I missed the boat half a century ago, I am here now and I am welcome.

    Yabadaba
    IV member.



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  • smuggymba
    08-12 12:42 PM
    In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.

    TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.





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  • webm
    07-11 11:55 AM
    Really WOW for EB2-India..:)

    EB3-India still very sad...:(..lets pray for atleast Oct VB movement..


    -------------------------
    PD:EB3-I Oct,2001
    485 AD:waiting goes on...



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  • Openarms
    12-17 11:52 AM
    I think most of the members in this forum updated their data, at least from EB3 India I am sure. If you guys can pull data according to PD from administration console, you should be able get some valuable data to show. I wondered why this has not been done so far??? million dollar question???





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  • rkotamurthy
    12-28 06:21 PM
    I just registered on this website today. I like the professionalism and commitment of the members on this forum. I would like to contribute to the efforts in promoting the cause. Please let me know any activities/campaings planned by So Cal members.



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  • JA1HIND
    04-01 08:07 PM
    Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.

    Dard-E-Disco I have read some of your comments on this thread.. and feel sorry for your state of mind....until you feel better and get back to your normal senses here is the URL you may want to try and this will keep you busy for sometime.. http://edtech.kennesaw.edu/web/alphabet.html

    look at your comments that are just useless, second hand and hopeless imagination.....when you get a chance in your free time go and get your brain screws tightened, you may feel better ...good luck:D





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  • gctoget
    07-13 11:51 AM
    Count me in....92688
    We can meet in a park at Orange county,LA or San Diego.
    The picnic areas in parks are free.



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  • vandanaverdia
    09-12 02:00 PM
    Thank you rangaswamy. We need more members to come forward & be first time contributors!!
    We have lots to achieve & very few days left...
    Support IV....
    Help IV help you!!!





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  • vselvam
    12-17 06:26 PM
    Instead of doing all of this, First, if we able to make every one just take one day off from work on the same day through out the USA and let our employers and the press knows that we are doing this to show about our issues. We do not need to go on rally. At least if we take off on the same day through out USA to make sure people understand about our issues and our sufferings. I am not sure how it will help. At least if we make it to be notified by the government, .press, our employers. and the public about our issues.

    I am not sure it is possible and is it worth? any thoughts...



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  • desixp
    09-10 11:36 AM
    Just now contributed $100.
    Google Order #616922884201935





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  • amitjoey
    07-18 05:17 PM
    Hi guys,

    I am sure every company would have their own 'stuck in gc process' alias.
    Please start an IV fund drive, so that you can do this on a company basis.

    Theres one going on in mine..and guess what..20 contributions in a couple of hours.

    Thanks jk333. That is just awesome.



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  • VivekAhuja
    06-26 09:47 PM
    America does not need to do anything to get more workers. People will keep coming and it will always be a positive flow of good talent into America. The only Indians (and others) who might tell you that they do not want to come to the USA and the American dream is gone, etc., are talking bull and they know it. They will jump on a plane "the next minute" and come if the could. It's the same thing always: Go back Yankeee.................................and take me with you."
    That will never change. If it did we would not have IV forum or so many members.





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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • navkap
    07-15 11:19 PM
    Count me in ---- I am in southern CA (in beautiful Los Angeles Area)





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  • ashutrip
    06-25 10:21 AM
    As far as I know your country of origin doesn't matter under PERM. Correct me if I'm wrong.
    No





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  • pappu
    08-01 01:15 PM
    I will be more than happy if I can help. Please note I do not have any journalism background.

    Thank you for your offer and also other people who are sending me PM for this. We will try to get as many as possible so that we can submit to multiple newspapers and websites.





    ita
    08-26 02:46 PM
    I have home loan with Standard Chartered. Got the variable interest loan from them in 2004. One thing I liked is I did not have to goto India for the loan processing!

    My brother sent related documents here in US and I signed, got few of those notarised and sent them back. It took about a month for the complete process.

    They do charge about Rs. 350 for prepayment though. Otherwise overall I am happy with the service they provided.

    I just called the Standard Chartered bank's NY office. The operator told me they don't have anyone to answer any questions regarding home loans as they don't do it. Did you contact Indian office for all your questions or did your brother do all the research and sent you the paperwork? Appreciate your response.

    Thank you.





    BPforGC
    07-18 07:32 PM
    Based on what my lawyer said, this is how it happens.

    1. LC/I-140 processing is independent from I-485.

    2. I-485 RD is critical.

    3. When your date comes and when they review your application, they will check if your I-140 is approved or not. Then they will look in the application and if everything is ok (FP, background check - Name check etc) and if VISA number is available, you will get it.

    If they don't have VISA numbers available, they will not process any I-485. So, availability of VISA numbers is key when they process I-485.

    PD of I-140 comes into play when we have retrogression. Since they opened flood gates, all of us who apply now will go by our I-485 RD. Until substantial numbers of our applications are cleared, there is no chance that future VISA bulletins will be current. Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.

    So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.

    REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.

    Good luck folks.:p :confused: :rolleyes: :cool: :eek: :mad: :D



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