Monday, June 27, 2011

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  • chi_shark
    07-09 02:55 PM
    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan

    payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).

    the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)

    i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...




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  • shaileshkaria2525@hotmail
    11-21 08:36 PM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...

    shailesh karia




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  • EB3_SEP04
    08-13 06:30 PM
    Navyug, 2ndJuly,
    Congrats and thanks for the update. I feel better now! (no i wasn't sick :D)




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  • Openarms
    03-10 04:32 PM
    Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
    I disagree

    1) Mr.Obama (Change) alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs right.. just because of economy is bad that does not mean people stop eating and kids stop going school.

    2) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eleminate this huge backlog)

    3) IV says they have agenda but nobody knows what thier laundry list is.

    4) We need to work for lifting this country quota ... this is the only way out.



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  • snathan
    02-09 09:29 PM
    Dear IV Guys,

    I have been a passive observer of this forum.

    I have done one time contribution of 100$.

    Here are the details:
    Payment details
    Transaction ID: 57T11728MH365274A
    Item Price: $100.00 USD
    Total: $100.00 USD
    Order Description: Contributions
    Item/Product Number: Contributions
    Buyer: Shyam Kishore Kuppu Rao

    Regards,Shyam

    cool...thanks lot for your contribution




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  • Madhuri
    07-05 01:44 PM
    If we are worried about security alert maight be raised by flowers, then send just a 'Thank You' card.
    Send 'Thank you' card to USCIS/DOS etc. as well as to media for not covering REAL issues and for the undue coverage the likes of Paris get.



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  • mantric
    12-16 05:22 AM
    here's my list. would love to hear others.

    1. listen to music.
    e.g. kishore songs.
    http://www.youtube.com/watch?v=FjjK_37OpNM
    sing !

    2. read a good book.
    e.g. Emerson essay on compensation.
    "For everything you have missed you have gained something else."
    http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
    i think it's a very powerful essay for life.

    3. go to the gym. workout. jog. lift weights. play a game.
    table tennis really helps.
    resolve to be your fittest.
    adversity must make us stronger, not weaker.

    4. travel internationally
    take a trip to some country you've never gone to before.
    observe people's olympic struggles.
    it's part of the human experience.

    5. learn a new skill
    something you've always wanted to do but did'nt get around to.
    public speaking, dancing, singing...your choice.
    take a class at a community college or a university.

    6. go to temple or church or mosque.
    make a deeper spiritual connection with God.
    let him lift some of your burden.
    i listened to Hari Om Sharan after many years and experienced a real sense of joy.

    7. spend time learning about US government.
    get to know more about how government works. why does house vote differently than the senate ?
    get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
    our friends on the other side of the fence have done us a favor by organizing this information
    http://grades.betterimmigration.com/index.php3
    just reverse the grades. consider approaching reps/senators with your situation.

    8. learn from IV efforts of previous years
    many skills were introduced which could have helped us. what can we learn from what failed ?
    e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
    Gandhigiri did work this year. it was a major success story we should celebrate and learn from.

    9. accept and enjoy the present.
    accept the present moment. breathe.
    enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
    experiencing these gifts of life is enough to keep one happy.

    10. write it out.
    record the feelings you are going through in writing.
    capture the details.
    what was your journey, your expectations, your highs and lows ?
    you may see your struggles in a different light 10 years from now.




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  • InTheMoment
    08-08 11:28 AM
    There is no "approval notice" as such but a "Welcome Notice" which basically is a I-797 notice of action of the type: Welcome Notice. You will get this in one envelope per applicant.

    You will get another envelope per applicant generally a few days later (1 week or so after the CPO e-mail) that has the GC in it attached to the exact same mailer that a EAD comes in; a pamphlet for new residents and a GC card cover (kind of cool!)



    Thanks.

    Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?

    I got Notice welcoming new PR email on 8/5 and nothing after that.

    Thanks and Good luck to all!



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  • Tito_ortiz
    03-09 11:36 AM
    Ash0210, how come you have been here for 12 years without GC?? Can you tell me?

    I am from retrogressed country, I am here for last 12 years & did not got depressed as I do not have GC. In my early years in USA, I used to get depress as I was not having GC but then I started thinking...Is GC is the ONLY important thing in my life?

    I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..

    Life is beautiful, GC is just part of my life and GC do not drives my life..




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  • JunRN
    10-08 06:29 PM
    I don't believe it must be FIFO...just as what I told in the other forum.

    It must be:

    FIFT - First In, First Touch

    and then;

    FCFO - First Complete, First out


    (Complete: approvable and PD current)



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  • redds777
    11-17 06:18 PM
    Done just now .



    Agreed. better might have been,

    "The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."

    just my two cents.

    These changes won't make much difference. Still the email is a very commendable job. Thanks!




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  • raju123
    07-06 09:42 AM
    In a mean time we should inform media for the flower delivery in a Mahatma Gandhi suggested way to protest injustice.

    Some one with a good English please draft a letter and we all will send it to all media.

    Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.

    Just idea.



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  • GCBy3000
    07-19 11:13 PM
    I am in for $100.

    By the way if we have 20,000 members and even if each pledge $5, we can reimburse the core team expenses. How often we have to teach and tell the Math to our so called highly skilled free riders.

    Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.




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  • sankap
    07-09 10:00 PM
    Chandu,

    1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

    [Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]

    Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."

    2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."

    I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."

    sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
    the "permanant" job means "the job is always there" as per projection.

    even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

    The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

    So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

    Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

    Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now



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  • ganguteli
    03-06 04:18 PM
    Your strategy is to go against her own bill to recapture greencards that she introduced for us last year.

    I think this is wrong.

    Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.

    What you are doing is only dividng the community. My collegues who are also IV members are upset reading that someone in IV is pursuing a one point agenda against ROW. We need to stop and think. A lot of ROW are quiet members on IV forum and they will be upset.
    Country caps can only be supported if there is recapture or increase in visa numbers.




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  • obviously
    07-27 07:15 AM
    LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!

    It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.

    Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.

    Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).

    So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.

    Thanks!



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  • skc526
    02-24 03:24 PM
    :)




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  • pmat
    05-23 07:07 AM
    Done... Sent emails to all.




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  • v2neha
    08-13 05:02 PM
    My lawyer received receipt notices for all applications filed at NSC today. Here are details:

    Package mailed: 06/29/07
    Received at NSC: 07/02/07
    Notice Date: 08/08/07
    Notices received on: 08/13/07

    This was a I-140/I-485 concurrent filing for EB3/India with PD Aug 03.
    9 applications were filed:

    I-140 (1 for self)
    I-485 (3 self/spouse/child)
    I-131 (3 self/spouse/child)
    I-765 (2 self/spouse)

    None of the money orders / checks have been cashed yet.




    myvoice23
    09-25 05:49 PM
    Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?

    yes, it reached at 9.03am and was received by R.William




    unitednations
    08-25 02:03 PM
    I agree it is wrong ...but let us look from the employer point of view ...mostly such employers are small companies trying to survive ...they have to balance 2 acts ..get a consultant and then find him a project soon..both are unknowns ..i.e. his consultant may get a h1 and then that person on h1 maybe smart enough to get a project ..it is difficult and these companies do serve a purpose i.e. they give entry in to US for many consultants ..who then jump after getting some experience.

    The issue boils down to this:

    Companies want to retain the employee as long as they can

    consultant wants to leave as fast as they can

    company wants to pay the least

    consultant wants the most pay

    Above four issues can be dealt with.

    However; off of a project; company doesn't want to cancel h-1b (their investment, don't want to pay salary because it is cost prohibitive; many consultants want to go % basis as soon as they can and that is very little to pay people who are on bench). company tries to tell consultant to transfer h-1b or go back to home country and wait for new project. Consultant doesn't want to go back (they have their life here; kids going to school; car payments, friends, etc.).

    It is a pretty easy solution from a company point of view; we don't pay bench but as soon as you are off project then you gotta go. People will beg and plead not to go; they will then try to transfer h-1b to another company without a job.

    A lot of this has to do with person not wanting to leave and do everrything possible to stay.



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