Monday, June 27, 2011

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  • rajeshalex
    08-26 12:43 PM
    Applied in July 10th. Today saw the mail that approval notice has been sent.




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  • krishnam70
    06-18 11:23 AM
    Well, if u have made up ur mind just based on some post(s) (which by the way, may or may not be true and even if true, do u know the minute details around that case like country of origin, was H1 overstayed etc...etc...?), then no matter what I or anybody else suggests, u will still counter by showing that ONE little post. Do a google on AP with canadian landing and u will see many successful cases. So, tally between the successes and failures. I can guarantee u that for atleast every 100 successes u may (or may not) see one problematic case. The general mentality is, well, there was one failure case...so, will I be the next to be caught? U will completely forget about the success cases. Even if its a problematic case, its not like the end of the world for them. They are still given a chance to re-enter USA.If everything goes wrong, then big deal, Canada beckons. Again, its my point of view.

    So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".

    Folks this is personal experience

    We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.

    In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.

    Immigration status:
    My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.

    We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.

    Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.

    - cheera




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  • stucklabor
    06-26 04:54 PM
    Eb3_Nepa,

    You are quite mistaken if you think I am going to delete your post just because I disagree with you. One of the things that I love most about this country is the Bill of Rights and the First Amendment that protects free speech. I like the idea the everyone can voice their opinions as long as there are no physical threats or intimidation.

    That being said, we run the risk of having a thread venting frustrations against illegals degenerate into an anti-Mexican thread. We have had a lot of publicity, and many reporters etc read our forum to get an idea of what we are about. They can very easily read one frustrated post from an otherwise reasonable member out of context and decide that we are a xenophobic group. I edited one comment from Santosh's post; and deleted a post of Bkam's. Bkam's post, frankly, was offensive.

    As a side note, I have quite the same frustrations against the "perceived" better treatment that illegals get. If you look at our "Parity" memo where we found that undocumented workers can self-petition for green cards and we can't, I co-wrote it. But let us focus on the positives that we bring and move on.




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  • sankap
    07-10 03:05 PM
    I agree--make your own decision for your peace of mind. Under W2, you're an employee and your employer does the taxes. On 1099, you're self-employed and you do the taxes, and also deduct business expenses. However, being on W2 does *not* mean that you've a job for unlimited period of time. A lot of recruiters for contract jobs (e.g., a 3-month contract) give you the option of joining under W2 or 1099.--e.g., $70/hr on 1099 or $60/hr or W2. Being on W2 should *not* be construed as being on a "permanent" job.

    At the end of the day, it's all a question of your peace of mind. You can take this 6-month contract on W2 and take comfort in your (wrong) thinking that you're on a "permanent" job, or you can take that contract on 1099 and (wrongly) worry that you're on a "temporary thing."

    you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)



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  • unitednations
    08-25 03:15 AM
    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?

    h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.

    In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.




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  • belmontboy
    02-09 03:39 PM
    @buddyinsd

    I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?

    Terrorists are banned from visiting USA.
    Narenda Modi has been banned from visiting USA.

    You do the reasoning :D



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  • dtekkedil
    07-03 12:34 PM
    Hello folks looks like that link for the "sweetheart roses" doesn't work anymore (They probably ran out!)! The cheapest flowers I could find now are these -

    http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses




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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference immigrants.

    Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.



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  • tikka
    07-05 11:27 AM
    this article

    http://digg.com/politics/Reversal_Fr...ard_Applicants




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  • mundada
    05-01 02:25 PM
    I support finding the fact...

    Following two concerns were raised but the answers should satisfy....

    1) Spouse may not get EAD/AP?
    The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
    Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
    The document only says that the visa must be used from family quota and not from employment quota.
    How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?

    2) Spouse may get GC long after?
    Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.

    In any case let the correct rules be followed.



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  • whyregisteration
    12-13 02:54 PM
    one can call if FP notice has not got yet. But nothing useful for me (July 3rd filler), recently I received one mail: '.. still within our processing time ...', still no FP:eek:




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  • gcspace
    10-08 10:38 AM
    I am still waiting?

    Did you contact USCIS regarding your case ? Any response or the regular
    'wait for 30/45 more days' answer ?



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  • Macaca
    12-10 10:17 AM
    I forgot to say that I am going full speed ahead and staying the course.

    I am doing the following even if there are 0 takers.


    Educate lawmakers about retorgression.
    Prioritize interim options based on controversial factor. Some forum posts have good ideas.
    Start right now. I don't know how to enjoy holidays without any hope.


    I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the

    process and platform (senate/congress) on which retrogression will be addressed.
    process and platform on which interim measure can be introduced.
    effect of each interim measure.




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  • gccovet
    02-10 02:53 PM
    Hi GCCovet,

    As promised, I am contributing another $25.00 as $1000.00 has crossed.

    I will again donate another $25 when we cross $2000.00

    Details:
    --------

    Payment Sent (Unique Transaction ID #3LK7417540480844L)
    Total:$25.00 USD
    Date:Feb. 10, 2009
    Time:11:23:38 PST
    Status:Completed
    Subject:Immigration Voice
    Method: PayPal



    Thank you Sanjay!!!

    With Sanjay's additional contribution as promised, we are now at $1169.00

    Thank you to all who have contributed so far... and a request to those who have not contributed yet, to please contribute.

    Thank you all.

    GCCovet



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  • 140jibjab
    06-23 10:29 AM
    Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.

    Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.

    Like he will care about us. If he does care, he can not do anything unless he gets OK from Madam Sonia:-)




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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.



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  • cal97
    11-06 03:38 PM
    I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.

    Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.


    Hi

    What did the infopass appointment tell you? Were the officers knew what they were talking about?

    Thanks.




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  • zoooom
    08-13 02:01 PM
    No Receipt notice yet..Mine reached at 7:55 AM on july 2nd. (NSC)




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  • nandakumar
    11-19 03:27 PM
    Sent..




    ilikekilo
    03-07 11:41 AM
    The Intent & Implicatins could easilty be challenged....I need not have to write how intent could be challenged, as fa as implications are concerned, country cap has given grief to certain section, while they are still living in the country...

    Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...

    IV is a platform where people do things together NOT everyone digressing in their own ways..not right...




    sunty
    11-21 11:37 AM
    Dear Mehul,

    First, I couldn't believe what you posted..Here we are worried about PD, Receipt Dates etc and then there is your situation...I am extremely sorry and sad to hear about your illness. I don't even know what to write....I feel so helpless..I guess we all are helpless here..God bless..



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