Monday, July 4, 2011

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  • gcwait2007
    08-18 02:44 PM
    Mine is a labor substitution case. Labor PD: 02/2007. I-140 filed on 06/29/2007 in NSC and received the case number and also notice of action (I-797). If it is not a labor substitution case, then it would have been filed in TSC.

    I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.

    Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?




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  • gcbikari
    04-25 01:50 PM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.




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  • desi3933
    07-10 12:31 PM
    @desi3933:

    What's a "bona fide" job? Where did you see that a job needs to be"bona fide?"

    Also, if you're self-employed, why can't you show that's a "legitimate" business? Who's asking for a business plan--and why should that be difficult to make if you're self-employed? Please, let's not *assume* things. We should base our opinions only on facts and evidence.

    Are you suggesting that AC-21 job does not need to be bonafide?

    First you claimed that AC-21 job does not need to be permanent. Then you claimed that AC-21 job does not be same/similar to labor/I-140. Now you have changed stand on these two after seeing one RFE example.

    Now, you are saying new AC-21 job does not be bonafide. Do you even read what are you saying?

    .




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  • vsoni
    12-03 02:20 PM
    Is there any way I can help you?
    If yes Please PM me



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  • BharatPremi
    09-27 10:38 PM
    My signature speaks the updates.




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  • technoboy
    08-24 10:16 PM
    EB3/India/PD OCT-2003
    I-140 TSC Pending LUD 08/05/2007
    I-485 NSC Filled on July 11 07
    RN ???
    EAD ???
    AP ???
    FP ???



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  • LostInGCProcess
    08-29 11:06 AM
    yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...

    Totally agree with you. Its so unfair for people who are waiting for a loooooog time. And suddenly find themselves as being left out.

    We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
    So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).

    Totally unfair, unjustified.

    Maybe we should..........

    1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.

    2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.

    Thats all I can think of right now....




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  • pandu_hawaldar
    07-21 10:54 AM
    EAT at TSC

    Paper mailed: July 05.
    Receipt Date: July 08.
    Soft LUD: July 11.

    Priority Date: May 06, EB-3 (Ind).



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  • desi3933
    07-10 03:52 PM
    Folks, here is what I am able to gather by self employment

    (1) One can be self employed
    (2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
    (3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
    (4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.

    Correct me if I am wrong

    I agree with above and would like add one more

    5. Job duties must match with original labor/I-140 conditions.

    .




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  • amitjoey
    07-09 07:22 PM
    Amit,
    Can you post the template of the email you are sending to the reporters.

    - AA

    Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    July 9, 2007
    What
    Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
    Where
    The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
    When
    July 10th, 2007.
    Why
    With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
    There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
    On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
    This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
    Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
    Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign – “fix the system”, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers – “I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.”
    Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.

    References:
    This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.

    Media coverage
    The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
    The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
    The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
    The New York Times: Immigration Malpractice. July 7, 2007



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  • gccovet
    03-04 08:57 AM
    As we have crossed 2K, I am sending another $25.00 as I had promised.

    GCCovet




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  • actaccord
    02-17 11:11 AM
    local chapters....I have been part to two chapters but not seeing any communication happening around. On one chapter last communication is on June 2010 with 170 members and on another chapter last communication is on Dec 2010 with 9 members.

    Local chapters need to be as active as IV forum to engage their members to take part actively.



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  • akhilmahajan
    02-10 01:04 PM
    Did anyone do their landing recently, after filing their 485?

    Just want to see what kind of question they were askied coming back to USA.

    I am planning to do landing sometime in March. Have a valid H-1B stamp and want to do my landing before my H-1B stamp expires.

    Can anyone let me know what should i be expecting?




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  • TeddyKoochu
    09-10 03:49 PM
    Instead of working on recapture..we must work on filing for 485 even if PD's are not current.. this way.. atleast in this recession ppl can be assured of some piece of mind.

    visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.

    allowing to file for 485 can be bought back as a temporary relief..we should work on that!

    I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.



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  • sukhwinderd
    02-17 09:52 PM
    here is a report which says there are more than 300,000 GC visa numbers were unused.
    go to page 35 or search pdf for recapture to see chart.
    from the report
    This dialogue is critical considering that when USCIS
    and DOS fail to accurately estimate cut-off dates, visas go
    unused or are shifted to other family or employment-based
    categories. Congress passed legislation permitting the
    recapture of some unused visa numbers from previous
    years.119 Figure 19 presents data on visa numbers �lost�
    between 1992 and 2009 for both employment and family
    preference categories.



    http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf

    recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.




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  • ghost
    09-23 02:07 PM
    It's very selfish of rsharma....shameful!

    I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.

    I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.

    Good luck to all of us!



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  • rpulipati
    10-04 09:05 PM
    My case is similar to yours: dates, TSC, received EAD before receipts, don't know who paid the checks, etc.

    I inquired my attorney and they sent me the receipts. Ask them, they would have received it already.


    Hello all,

    My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!

    May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?

    My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.

    Thanks!




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  • Zeb
    08-02 09:46 AM
    Guys,

    If we r landing by road and as we dont have address and we give our friends address, right?

    So do we have to give address as

    My Name
    C/o; Friend's name
    Friend's address

    Or we just give

    Friend's Name
    Friend's address


    Please anyone can throw some light on the issue.

    Thanks in advance.

    Just give your name and address of your friend. My brother received my card exactly after four weeks.




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  • Madhuri
    05-23 01:05 PM
    Emailed tp 2 CA senators + 8 others. Working on the rest.




    reddymjm
    06-07 10:53 AM
    reddymjm,
    I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.

    If anyone else has had a similar experience, please post your update here.

    Thanks.
    My friend got his receipt numbers from TSC yesterday. We filed on the same day, same attorney, Attorney said his will go to TSC and mine will go to NSC. His receipt numbers start with SRC... if it is NSC it will be LIN.




    GCStatus
    09-16 04:39 PM
    Someone reading the thread for the first time should be able to figure out what the plan is.

    man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?

    Someone who is logical, reads the first port



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