Thursday, June 16, 2011

Karen Walker Deep Freeze

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  • greyhair
    04-29 04:06 PM
    Just called Scott Brown and Senator Greg. The person who picked up the phone in Scott Brown offcie noted my name and address. He said he will give my message to the Senator. The lady in Judd Gregg office said that Senator has not yet decided on the immigration proposal but she said the Senator appreciates the call. She did not ask my details but said that the Senator has supported immigration bills in the past. They both sounded very positive.

    Printed out the post and I will continue to call all Senators.




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  • Gravitation
    09-29 01:30 AM
    2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
    2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.

    If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:

    Gravitation

    PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.




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  • EAD
    09-12 01:37 PM
    I am a new member and sent $50 by personal check to IV.

    EAD
    PD: May 04 (BEC cleared Nov 06)
    I-140: Jan 07 (Pending NSC)
    I-485: Aug 07 ( No reciepts)




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  • vinvin24
    05-03 02:09 PM
    If there is a template for fax and regular mail, we can get more people involved in this campaign. Thank you for your efforts.



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  • skoveta
    06-23 03:38 PM
    those are not the cases of India....




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  • conchshell
    08-13 04:44 PM
    I started a thread couple of weeks back. It met an untimely death because of lack of participation from people. Just to revive your memory :
    http://immigrationvoice.org/forum/showthread.php?t=20406

    Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.

    Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.



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  • Humhongekamyab
    04-30 02:33 PM
    Can somebody post the link please?

    http://judiciary.house.gov/schedule.aspx




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  • gene77
    03-14 10:44 PM
    Sent interfiling request on Mar-03 and raised a SR last week. No LUDs yet .....



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  • amitkhare77
    11-08 04:25 PM
    My company filed labor application on 13th September 2010 and it was approved on 2nd November 2010. Now getting ready for I-140. I thought I will share this info with the forum




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  • ilwaiting
    04-25 12:05 PM
    Canada, Australia, UK(may be few more countries) does enable the applicant to handle the case rather than being sponsored by employer beause they do not have Many Non-immigrant Worker options as USA does. So they have to apply for a PR from outside the country.




    Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?

    Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".



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  • tapukakababa
    03-10 01:33 PM
    I have some questions?

    1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
    2. Can I have a second job in my wife's company and retain the original job?
    3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
    4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?

    Thanks.

    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:




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  • nashorn
    08-12 02:45 PM
    Where did you file your 485, and where is your 140 approved or pending, NSC or TSC? My impression is if your 140 is approved or pending at TSC, but you filed your 485 at NSC, your application will be transfered to TSC, and TSC will cash your check and issue your receipt. That is going to take more time. Correct me if i'm wrong. Any July 2nd filer in this situation has got receipt or check encashed by TSC?

    I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!

    So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)



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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,




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  • gsc999
    07-21 03:39 PM
    Look at this post. The thoughts are compelling. Is this something that we should get some clarifications on?

    http://immigrationvoice.org/forum/showthread.php?t=10859
    --
    This is what trolls have done in the past. When ever we have had a successful event. Trolls from anti-immigration groups, demand disclosure of financial statements and raise doubts on IV leadership. Don't get drawn into this. Lets keep doing what we are.



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  • uma001
    05-03 02:43 PM
    When this bill be introduced in Senate? Is it next week or next month?




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  • r_mistry
    01-03 11:58 AM
    Can anyone tell me how to contact NSC for my AP status? Sorry if this info was already posted but would appreciate if somebody who has contacted NSC regarding AP status provide me the number to contact them.

    Many thanks.



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  • desi485
    11-17 04:07 PM
    desi - I am not sure how we do that but I personally think if we ask such a thing we are letting USCIS send us denial notice even though they must not send it.

    I absolutely agree with you that in first place, CIS MUST NOT revoke 485 when a person changes to similar job after 485 is pending for more than 180 days and 140 has been already approved.

    IV is already running the campaign to send letters (I did send mine) and hopefully it will get us good results.

    However, we should still know what happens to EAD in such unfortunate event. Many AOS candidate, specifically from retrogressed countries may have gone beyond 6 years of H1B and may not get H1B extended based on this pending 485. or many must be working on EAD as many employers are not willing to sponsor the H1B. In this case, knowing the validity of EAD will surely helps.

    Meanwhile, here is another RG thread (http://immigration-information.com/forums/showpost.php?p=25447&postcount=7) found, clearly talks about this issue.




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  • vik352
    08-13 05:05 PM
    EB2 requires Masters or 5 years of experience. For those waiting in the queue for more than 5 years should automatically qualify for EB2 because they have 5 years of experience. I dont care the fine wording that says the job needs Masters or 5 years of experience. We should push lawmakers for this option to reduce the huge backlog. What do others think of this option and start a campaign for it?




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  • punjabi
    08-02 06:17 PM
    Hi Niklshah,

    What time did your application reach NSC?


    i am a 2nd july filer, my cheques were cashed today. filed at nebraska




    sam_hoosier
    08-26 11:07 AM
    Never goto ICICI bank. Only crooks and criminals are working there. No ethics and only inhuman treatment. My friend took a home loan from this bank and he is suffering now.

    just avoid this bank.

    Can you substantiate how he is suffering ? I also have a home loan through ICICI Bank and have been very happy so far. They have the best service amongst all banks in the country, and so they charge for it. Ultimately its a trade-off - you can decide whether you want to go cheap or require good service.

    As some posters pointed out earlier, its extremely easy to apply for a home loan through ICICI Bank sitting here in the US. I dont know of any other Indian banks that would provide you the same level of convenience.




    singhsa3
    07-20 04:07 PM
    Not really, your I-485 information has to be put in the system first.
    If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)



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