Sunday, July 3, 2011

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  • sankap
    07-09 10:47 PM
    I agree: you should take legal advice from as many attorneys as possible. In my experience with multiple attorneys on these topics (i.e., self-employed vs. W2 on EAD, and "filing" AC21), I got conflicting pieces of advice. So the only resources I could base my thinking on are USCIS and IRS.

    Supreet -

    I strongly dispute that. I encourage you to consult an attorney before taking any action.

    AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.

    .




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  • mirage
    07-08 11:01 AM
    People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...
    if it takes 2 or 3 years to fight this case, what is the use




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  • perm
    05-03 08:51 AM
    http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm




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  • sanhari
    07-21 08:47 AM
    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....



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  • h1techSlave
    06-28 09:05 PM
    Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
    Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)

    "Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."


    They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?

    Thanks, Walking_Dude, for putting this link.

    As per web page on this link -This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.

    However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.


    .




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  • bbct
    02-12 12:22 PM
    If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.

    Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.



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  • rtarar
    05-19 05:46 PM
    I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.

    So I think that the renewal may trigger a FP notice.


    -R




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  • coolcat
    06-12 11:13 AM
    No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?

    Filed on June 1st. Still waiting for receipt.



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  • purplehazea
    05-23 11:34 AM
    E-mailed everyone on the list.




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  • HarshJ
    11-06 02:09 PM
    Folks who opened an SR and had NSC-CSC-NSC transfers, what is the format of the ref # the Cust Service Rep gave you??

    I got a # of the format T1NXXXXXXXXXXXCSC format.



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  • supreet
    07-08 04:02 PM
    Hello All,

    After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

    Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

    OR

    Is being on 1099 while on EAD a bad idea and I should stay away from it?

    Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

    Thanks all for you replies!!!

    - S




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  • franklin
    06-13 01:20 AM
    As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.

    I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer



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  • danu2007
    05-07 09:44 PM
    Please write a letter to CIS Ombudsman and they will open a case with USCIS to follow up and it will have results. I have done it once and I got the response from USCIS faster.

    You can find more details here

    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm




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  • Macaca
    07-08 11:42 AM
    All 140K GCs are available on Oct 1. However, dates were not current in 2005 and 2006. I think that current dates do not depend on available GCs.

    Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.



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  • pappu
    05-23 09:39 AM
    SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
    I have a bad feeling about IVs goals. Are you only concerned about getting the GC backlogs cleared? or are you going to be asking for H1b related issues to be addressed too? eg:- H1b renewal after the 6th year is an issue any moron could easily understand and pass. That has been there for many years and should continue for a successful H1b program. Please take care of that issue too. I dont see that included in the letter you have prepared to be sent out to all the senators. Please do that urgently. This is a very techinical issue and can easily be campaingned for. Pls dont ignore it.

    If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.

    Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.

    thomachan72, if you have concerns about IV contact us. We take each decision after careful thinking and planning based on certain information and ground realities. Sometimes all information cannot be posted on the forum. Please trust us so that we can help everyone.
    Your posts may start reactions from people and the purpose of the drive will be lost.
    http://immigrationvoice.org/forum/showthread.php?t=4625
    Thanks for understanding




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  • Prashant
    07-10 10:00 AM
    A very good reply.

    Thank you.



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  • indyanguy
    09-30 12:33 PM
    Hi,

    Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.

    Thanks in advance




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  • deba
    08-25 09:42 PM
    Received the physical card in mail today. Postage stamp is dated 22nd aug. My approval notice email was on 19th Aug from TSC.

    EB2 I PD 03/2005




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  • WaldenPond
    06-28 02:54 PM
    Hello arnet,

    That is an excellent idea. We are already working closely with USINPAC. Here is some of info about this.

    http://immigrationvoice.org/forum/showthread.php?t=576

    USINPAC has been very helpful and has played a key role in guiding and helping us. We should all be Thankful to USINPAC for significant help that they have provided us.

    AAPI is another group that has been instrumental in getting our provisions in the bill.

    We have received positive results from many other groups. But no other group has been able to help us as USINPAC and AAPI.

    If anybody has any such suggestion or could provide a lead to any other organization or personality, please let us know. This would help us all.

    WaldenPond




    GCStatus
    09-16 10:16 PM
    http://www.newsobserver.com/news/story/628939.html




    letstalklc
    07-20 11:09 AM
    Sanhari,

    If GCs were sold in stores I would buy you and your family a bunch of them.
    You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.

    The question you should ask is why have EB1, 2, 3, etc?

    Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.


    You signed up for this knowing what was in store.
    You think writing a letter or starting up a thread is going to help?

    I just wonder, is IV some kind of therapy? something like weightwatchers,
    maybe we should call ourselves GCWatchers, for frustrated GC folks from India.

    Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?

    India is shining, not a bad proposition at all.

    Well said my friend.....



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