Sunday, July 3, 2011

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  • browncow
    07-12 05:40 PM
    AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.

    absolutely no reasoning or logic, just pure pessimism.




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  • willigetagc
    08-23 02:34 PM
    My 2 paisa ( though it has no value anymore anywhere)

    First and foremost we have to realize that we are fee paying customers to USCIS. We have a right to demand better customer service. The reports and other kind of data they are releasing currently is an insult to the high skilled immigrant community. It is time we call out that the king (USCIS) has no clothes. They have been feeding us garbage disguised as reports and offical data. Anybody with a high school degree would say that the reports and data provided have zero value since they are not complete.

    How do we get the right kind of information from USCIS?
    Here are the steps

    a) Send letters to the Dept chief asking for the data we need and wait for 3-4 weeks for a response. ( Data we should ask for, apps pending with PD's and EB category for every month starting from 1998)
    b) Send another letter to the President and copy USCIS chief on that. Wait for another 3-4 weeks
    c) If we do not get any satisfactory information after the previous 2 steps and 2 months of waiting, we should do a relay protest in DC and in front of all the USCIS centers until they provide us with the exact data.

    By doing this we woould have put enough spotlight on USCIS and also our problmes would have got enough coverage in the media. From here we can try and work with the various agencies to push for our other agendas. Now we will have a clearer picture of what the situation is and ask for the right things. At the same time the agencies will have the better information with them to look in to our issues.

    Comments are welcome.

    CIS is answerable to nobody. While they will be more responsive to complaints and suggestions at a broad level, individual case processing is something that can't be controlled.

    It is a problem of ridiculous amount of power in the hands of people who can't handle it - the IOs. They can do anything. It is not hard for them to justify saying the older cases are complex, whereas in reality, it might a case of plain laziness to go fetch the case files.

    So, if they are processing at random, there is nothing we can do except zip up, pray and wait for luck to turn our way.

    my $0.02 worth.




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  • senthil1
    05-23 09:21 AM
    If you are able to file gc why do you need this. Only future H1bs need to bother about the this restriction. Corporations or Compete America will lobby to remove H1b restrictions if that creates problem for them.

    I am about to e-mail to the Senators based on the new letter.

    Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?


    Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.




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  • chi_shark
    07-10 11:28 AM
    so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....

    looks like this case actually tells me that maybe we could do self-employment easily...

    Link to EB-1 case where I-140 was denied because job offered was not "permanent".

    Link
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf

    As per this document
    .



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  • PD_Dec2002
    06-22 01:51 PM
    >> "No, employment letter is absolutely required...", well, it is not.

    You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.

    Do NOT confuse Current Employment Letter with Employment Letter for GC job



    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002

    Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.

    Thanks,
    Jayant




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  • drona
    07-09 04:41 PM
    Excellent idea Naveen! I hope you don't mind but I have improved the English slightly :) and will create links on those Wiki pages to IV and the articles that you have mentioned.

    Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.



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  • akhilmahajan
    02-25 02:27 PM
    Thanks a lot everyone.

    Grand Total - $1825

    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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  • Honda
    09-09 10:30 PM
    We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.

    All EB3 people please share your thoughts to resolve this issue.



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  • nviren
    05-02 08:01 PM
    Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument




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  • english_august
    07-09 07:50 AM
    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.



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  • deziliu
    05-02 07:20 PM
    Hi, all:

    I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

    (1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
    (2). EAD card valid until 10/2012.
    (3). H1-B visa valid until 03/2012 through my current employer.

    I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

    So, my questions are:

    (1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
    (2). Is there any problem to new my EAD card since I lost my H1-B visa?
    (3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
    (4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?

    Thanks.

    Bruce




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  • Prashant
    05-23 10:47 AM
    Sent emails to my state senators and 9 Important Senators .. One of them belongs to my state I will call him up aswell.



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  • Hello_Hello
    02-08 04:17 PM
    I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...But you watch Indian TV and see him everyday? :D

    Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.




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  • Refugee_New
    08-18 02:35 PM
    Who so ever is willing to support SunnySurya read his earlier posts.

    All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.

    .................................................. ................
    Proud to be an IVian
    Supported all the campaigns so far
    $470 + $50 recurring

    Why not buddy?
    What about you nc14? Do you say YOUR GC, YOUR GC, THEIR GC, HIS GC, HER GC etc??????? and not worry about yours?



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  • english_august
    07-09 11:13 AM
    I guess I saw a mistake on the writing....

    On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) 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

    It is June 13th not July13th the first visa bulletin sent out by DoS.

    Thanks
    Chandra

    Thanks arumalla. I will fix it right away.




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  • bharad
    07-20 12:42 PM
    I have a question reg. the unfair vertical spill devised by USCIS when allocating the visa numbers after the initial allocation is completed.

    If the country needs EB1 categories first then the EB2 categories and then EB3 then why did they allocate equal numbers to all the three categories initially. If they needed more EB1 or EB 2 compared to EB 3 numbers they should have given 3x of numbers to EB1, 2x of numbers to EB2, and only 1x or less than that to EB3 when doing the initial allocation itself.

    Its only due to some genius person's invention that USCIS decided to implement vertical spill over instead of doing a hoirzontal spill over of the numbers which will be fair.

    Now the EB2 folks are going to comeback and say that EB2 deserve more rights and all that blah blah aka the fight people give whenever somebody tries to remove the unfair quota system in India. Grow up and behave like an educated person.

    You can say that EB2 folks earn more... give me a break I know many EB3 folks who earn atleast 2 times more than whan an average EB2 guy earns. Its just a matter of luck(in the current scenario) that a person got applied in EB2 or EB3 category



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  • iam4u4ever
    08-04 06:48 PM
    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.


    hi, what are the requirements of self employment ?

    thanks




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  • buddyinsd
    08-25 04:27 PM
    No approvals today? Whats going on???




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  • apahilaj
    11-06 02:23 PM
    dingudi,

    I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?

    Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.

    I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.

    Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?




    delhirocks
    07-04 11:13 PM
    Did you know I-140 dates are prtable from X to Y after 140 is approved? I am sorry to hear your pain, but you can check if you can atleast maintain your priority dates.

    Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.

    Iam a novice at this, and am by no means contradicting your point...just skeptical..




    gsc999
    07-06 08:42 PM
    Please clarify. I thought it is happening on July 14 or 21.
    --
    - There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
    - Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
    - IV will organize a similar event on 14th July. We will publish details about location/route/time soon.

    Hope this is clear.



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