sivatallapaneni
07-20 12:15 PM
I'm going to contribute atleast $100. There is a always a first time, This is for the person who worked for my own good without expecting anything in return.
Aman you are a true inspiration.
Aman you are a true inspiration.
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Macaca
07-10 10:13 AM
Thanks for posting this link. This is a must read on AOS.
8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cf90b70814c3464912a08093ce96e 83c)
This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.
Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!
8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cf90b70814c3464912a08093ce96e 83c)
This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.
Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!
desi3933
06-29 11:41 AM
.....
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
2011 Megan on her favourite candy:
man-woman-and-gc
09-16 10:40 AM
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
What do we have to lose here by this effort:
1) $100 or so
2) A few hrs of effort in mobilising and motivating people
What do we have to gain:
1) A sense of unity if we can get anywhere close to 1000 supporters
2) A chance to win against years of injustice and broken system.
Comparing both...I'm definitely in.
Also, we will leave it to the Lawyers to make the case..we all know it is a broken system and loopholes in it definitely will form a case. However, all that are talks up in the air if we cannot have 1000 people support this. First and foremost, we have to create a sound force. Only then we can talk about a future step. With a thousand pledged supporters and 100 grand behind us, we should not underestimate the force.
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
What do we have to lose here by this effort:
1) $100 or so
2) A few hrs of effort in mobilising and motivating people
What do we have to gain:
1) A sense of unity if we can get anywhere close to 1000 supporters
2) A chance to win against years of injustice and broken system.
Comparing both...I'm definitely in.
Also, we will leave it to the Lawyers to make the case..we all know it is a broken system and loopholes in it definitely will form a case. However, all that are talks up in the air if we cannot have 1000 people support this. First and foremost, we have to create a sound force. Only then we can talk about a future step. With a thousand pledged supporters and 100 grand behind us, we should not underestimate the force.
more...
apahilaj
09-10 02:31 PM
Hello friends,
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
desi3933
07-10 03:37 PM
....
That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....
Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled
"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "
That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....
Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled
"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "
more...
EndlessWait
10-08 01:57 PM
i was not able to attend the IV rally..emergency reasons..but still its fair for me to suffer..
its highly unlikely we can see a reform. I agree with logiclife's post..we deserve what we are getting into..
of the 800K applications u saw applying for AOS..even if 10K had come to DC rally it'd made a huge diff..
we all do line up for GCs like herds but dont have the guts to attend..
i know of so many ppl who say "all this rally is ridiculous".. and i dont pity them those who wait for 10 years..becoz u deserve to suffer and will continually suffer..
The rallies are important..
its highly unlikely we can see a reform. I agree with logiclife's post..we deserve what we are getting into..
of the 800K applications u saw applying for AOS..even if 10K had come to DC rally it'd made a huge diff..
we all do line up for GCs like herds but dont have the guts to attend..
i know of so many ppl who say "all this rally is ridiculous".. and i dont pity them those who wait for 10 years..becoz u deserve to suffer and will continually suffer..
The rallies are important..
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mirage
03-06 04:34 PM
For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
http://groups.yahoo.com/
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
http://groups.yahoo.com/
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
more...
desi3933
07-10 07:49 AM
Please post URL of this and others. Thanks!
Sec. 245.1 Eligibility
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb694c827d9948014308614d0f546 dca
Sec. 245.2 Application
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b6eb96a99e4c335717a65793ed573 a56
Sec. 245.1 Eligibility
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb694c827d9948014308614d0f546 dca
Sec. 245.2 Application
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b6eb96a99e4c335717a65793ed573 a56
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raydhan
06-20 09:16 AM
logiclife,
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
more...
lasvegas
02-05 10:36 AM
Lasantha,
Thanks for info about proof-of-funds question. Another quick question, what documents are needed to apply for SIN card & open a bank account?
Thanks.
Thanks for info about proof-of-funds question. Another quick question, what documents are needed to apply for SIN card & open a bank account?
Thanks.
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go_gc_way
06-23 12:21 PM
I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC
$ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.
I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.
$ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.
I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.
more...
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gc28262
03-08 08:01 PM
mirage,
The original intent of the thread is flawed and against the very purpose of creating such a thread. We have explained you during the phone conversation that it is not the right time to pick up country limits issue. We have run this by our strategist again and they have also advised us that its not the right time for this issue. Others on the forum, including unitednations, have also made an attempt to explain you the issues we are all dealing with. You are free to do whatever you think is best for you. We think that your actions are likely to harm the community effort. So in the best interest of the community effort, please be cautioned that we will be forced to ban you from this site if you continue this on the forum.
All the Best.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
The original intent of the thread is flawed and against the very purpose of creating such a thread. We have explained you during the phone conversation that it is not the right time to pick up country limits issue. We have run this by our strategist again and they have also advised us that its not the right time for this issue. Others on the forum, including unitednations, have also made an attempt to explain you the issues we are all dealing with. You are free to do whatever you think is best for you. We think that your actions are likely to harm the community effort. So in the best interest of the community effort, please be cautioned that we will be forced to ban you from this site if you continue this on the forum.
All the Best.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
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forever
08-03 07:07 PM
I live in IL
As per my analysis, your case will not be transferred to TSC. You should get receipt from NSC.
As per my analysis, your case will not be transferred to TSC. You should get receipt from NSC.
more...
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ksurjan
08-11 10:07 AM
Applied for myself and wife on 6/30. No update yet. I hope I get it before the current EAD expires on 9/9.
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nsrinivas
09-11 04:10 PM
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
more...
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gkdgopi
07-07 08:38 AM
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
What about the applications received before release of bulletin?
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
What about the applications received before release of bulletin?
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saimrathi
07-03 11:40 AM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
Lets see if July 9 will do as much to Emilio as July 2 did to the GC aspirants...
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
Lets see if July 9 will do as much to Emilio as July 2 did to the GC aspirants...
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esh06
09-22 04:33 PM
Filed at NSC.
ski_dude12
09-07 04:33 PM
We got our receipts today. Mailed out the application on the 2nd - Reached NSC on the 3rd. Receipt numbers are SRC so my case got transferred to TSC.
Receipts are coming... just hang in there.
Receipts are coming... just hang in there.
SunnySurya
08-18 01:47 PM
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
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