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  • fightnow
    07-06 07:32 PM
    This event has been registered at SJPD but no permit was issued.
    Having a permit means you can block the traffic.
    Without a permit, we are required to stay on sidewalks.
    The police put down my name, driver license # and address.
    However, when I asked if I have any liability for others fault, the ploice said NO. Everybody abides by law for himself.




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  • Ann Ruben
    07-20 12:58 PM
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  • eb3_nepa
    08-18 02:45 PM
    Is it fair to have an EB2 person write - what "a" unfair system :eek:

    Yeah tell me about it! It is not enough that Eb3 gets screwed left right AND center. Now we have people applying pressures from the top and bottom as well, and to top it off, Eb2 people who:

    1) Get ALL the spill overs from Eb1 and
    2) Have fewer people drinking from their pool (As opposed to every tom dick & harry taking their share from the Eb3 pool, nurses to name a few).

    now complain that the system is unfair coz processing is not sequential. So everyone in the core team, please forget all about the people suffering in Eb3 and focuss SOLELY on the Eb2 people. Actually dont even focus on all EB2, just the fact that EB2 is not being processed sequentially.

    What a load of crock!!




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  • kg318
    04-25 10:44 AM
    [QUOTE=kg318;242627]

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.


    the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.

    Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.



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  • gauravsh
    09-10 10:13 AM
    how to get mexican citizenship and come back here on TN visa?




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  • greenlight
    08-08 01:56 AM
    I have to say this is the first time ever that I want my checks cahsed very soon when my natural tendency is wanting to hold onto money in the checking account as long as possible. I am, too, waiting for the day to see canceled checks for AOS, EAD & AP. I've been obssessed to check the latest news on USCIS' broken system, and it is a nice break to amuse myself about this whole check cashing business.

    Hang in there, everyone. There shall be a light at the end of the tunnel. I hope and pray that the light comes before I retire ;)



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  • vivekm1309
    05-05 07:45 PM
    http://washingtontimes.com/national/20070504-110815-9777r.htm

    The bill is going to be presented on 14th May




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  • venkybr
    08-27 12:58 PM
    I-485 application reached NSC on July 11th 9:13 am, signed by K.LAWSON. No receipts yet.

    PD - 06/2006, EB-3, INDIA
    I-140 - Approved NSC, 10/2006



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  • stuckinretro
    09-02 03:37 PM
    Applied: July'23rd 08
    RD: July'23rd 08
    AD: Sep'02 08 CPO email




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  • GCKaIntezar
    06-07 11:21 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.


    Per my attorney - If the I140 approval came from TSC, you can send your AOS to TSC directly. Hope this helps.



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  • Saralayar
    08-25 09:03 PM
    Mailed I-485 on July 19th
    RD is July 20th
    ND is August 17th

    Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.

    Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?

    Thank you
    As it starts with Axxx, I think it should be Alien Number.




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  • 53885
    05-24 01:09 PM
    I guess I am the only one on this thread.

    I guess many are still focussed on evaluating MBS, discussing CIR draft.....
    instead of taking any action.


    Sent emails to 20 more, for a total of 50.


    I sent emails to 10 more senators.



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  • ramus
    07-04 04:57 PM
    Could you guys please take a min and visit these threads..
    http://immigrationvoice.org/forum/showthread.php?p=96850#post96850
    http://immigrationvoice.org/forum/showthread.php?p=96932#post96932
    http://immigrationvoice.org/forum/showthread.php?t=5994




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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.



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  • TheOmbudsman
    10-26 11:40 AM
    Hi Pineapple,

    That is my favorite fruit !

    Very simple.

    1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.

    2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.

    Thanks for asking.

    The Ombdusman



    TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.




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  • Redeye
    08-18 04:03 PM
    What he keeps forgetting is IV is I and We....not EB3 and EB2. It is high time he stops playing EB3 Vs EB2 card...

    This is immigration voice not EB2 voice....

    Hi SunnySurya,
    Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.

    The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??

    Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...

    Thanks and Good Luck !



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  • GCforme
    01-30 04:57 PM
    And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???

    :rolleyes::rolleyes:

    I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
    There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
    As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
    It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.

    Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.

    The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
    Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
    So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.

    Peace out.

    PS:Aksham,this is not directed at you.




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  • designserve
    11-18 09:38 AM
    done... Congressman changed in recent election.




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  • camarasa
    07-09 06:06 PM
    Guys and gals when you email people and talk to people of the media etc please stress "LEGAL IMMIGRATION". I've been reading a few messages of late that open with "immigration" but only start talking about legal immigration a few paragraphs later. Please stress "LEGAL" everytime you mention the word "immigration". Thanks.




    svg108
    05-23 11:18 PM
    Sent emails to all the senators in the list.

    Nicely done Logiclife.

    Thanks

    -SG




    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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