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  • cellphone
    09-01 02:58 PM
    Been here since August 1995 - came on F1 undergrad

    Glad to see there are people like me on this thread. I came to the US in FEB 1995 as an undergrad. I have an MS today and dropped out of the PHD program (2000) to find a job because of recessions. Survived 3 top-notch companies, recessions, despicable back-stabbing coworkers, unethical and unworkable environment, lay-offs, legal dept messing up my H1b application making me go on unpaid leave (~3wks) without health insurance, filing me under EB3 while applying EB2 for another coworker from a diff country with the same job title, etc etc....my rear end is pretty soar these days and I am beginning to question all this....

    i usually dont post much...but I couldnt resist this thread




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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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  • needhelp!
    03-12 03:19 PM
    no, i am not going to switch to defensive mode. this is not about me.
    OK, then who are you trying to include?




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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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  • pappu
    11-30 01:21 AM
    Great work Jimi and the CA chapter members!




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  • gc_wow
    02-23 06:43 PM
    What about TSC processing dates,is that wrong too.



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  • srini1976
    07-20 04:39 PM
    Is there a way to bring up this Bill again without the H1B part. My guess the H1B part killed it!:mad:

    Lets try our best by supporting IV!




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  • Leo07
    05-06 11:01 AM
    Any sample letters to Senators with the 'text' outlined for this current cause?
    I'm thinking duly signed letters have more impact.



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  • bbct
    02-18 04:24 PM
    I agree. Mine is December 15, 2005.

    Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.




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  • Jaime
    09-12 03:12 PM
    Bump



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  • texanmom
    09-12 12:23 PM
    Please post a draft of all the letters here so we can use them/ modify them if necessary.




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  • quizzer
    08-20 05:11 PM
    My wife's DL renewal is pending for more than 2 months...When we contacted DMV they said its pending clearance from DHS (homeland security) and it could take take 120+ days to get their approval.

    Has anybody encountered this recently?

    Thanks



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  • greyhair
    08-12 11:19 AM
    Why is the senator backtracking from "chop shop" comment ? Here is why

    Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)

    One more thing, if you read the comments, he is not back tracking. If I were him, I wouldn't either. Sen. Schumer is saying, btw, if I offended anyone, then its not chop-shop, its body shop, take that? He is ridiculing those who thought they cornered him.




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  • browncow
    03-12 02:20 PM
    I do not support this donor ONLY idea.
    Also, Day 1, the FOIA initiative had a goal of $5K.
    And without reason, the goal was increased to $10K.

    So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
    stay consistent.



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  • Libra
    09-29 10:00 AM
    Dear Gonzalez,

    Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.

    OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D

    just kidding, take it easy.




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  • GotGC??
    01-04 02:19 PM
    One of the most balanced views on this topic I have heard!

    I think life inside home is better in India than US. And life outside home is better in US than India. What do you think?

    I am only son to my parents (aged 50s). I must go back whenever India sends a man or women to Moon. Just kidding.. Will go back by 201X.

    Currently I am in India on a vacation of 45 days. I came to India with lot of enthu after a long gap of 2 years. But as someone said, India cannot be compared with US, outside home. And yea, USA can't be compared to India, inside home :D

    I have to postpone the idea of returning for few more years for the following reasons, and yes, I want GC meanwhile.

    _ Reasons to stay and stay longer in USA _

    1) It's money, honey :D

    2) A nice Indenpendant House in Vizag or Hyd. I am long way to get there. You know what I mean.

    3) I haven't earned enough to copy & paste my lifestyle in US yet. I mean no car for my dad, no plasma tv in India, no 'retirement' fund for my parents so that they can live on their own. You know the rest.

    4) My wife has just _resumed her career on H1B after being seated at home for 3 years on H4. As you can guess, we left hopes on EAD. My PD Nov 05. I would prefer that she work in USA for couple of years, before which we can return.

    4) Last, but not least, I want to gather more "onsite" experience and go from programmer analyst to something I want to be, when I return to India.

    _ Reasons to go back to India _

    I belived in the philosiphy of helping yourself first, then family and then society.

    0) Will come back to India to live with my aging parents.
    1) Help my society (vote, pay taxes, charity, transfer of ideas from Western World, creation of employment and much more)
    2) Enjoy food, movies, language, various cultures of India.
    3) Travel world and not just USA - through my IT career.



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  • greyhair
    08-12 11:13 AM
    Why is the senator backtracking from "chop shop" comment ? Here is why

    Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)

    What difference does it make? Whatever he calls it, the law still means the same. Indian companies should know better than that. I mean if this is their best defense then god help consulting companies.




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  • apb
    03-06 05:16 PM
    Few observations based on thread postings
    1) Last year around this same time not many RFE/LUD were seen.
    2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
    3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.

    Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.

    Just my observation. Any input is appreciated.




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  • checklaw
    08-02 08:18 PM
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.

    I know someone replied appropriately but here is something more to chew on...
    http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171




    AllVNeedGcPc
    04-11 10:29 PM
    ...nothing yet.

    Did anyone else get any update?


    @AllVNeedGCPC : Did you get any updates on your I-485 ?

    Thanks!

    jimytomy




    ind_game
    05-20 04:30 PM
    Did any of you get the same letter with the same content below .........what baffles me is the last sentence that says "The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover."

    Your help is really appreciated in this.........Sorry I am little bit pessimistic here......


    FINAL UPDATE

    HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY


    My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.

    ::::::::::::::::::To recap::::::::::::::

    I went to the Congressional office on 05/14/2009 morning.
    Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
    USCIS sent letter to my attorney on Friday (05/15/2009).
    My attorney received it this morning (05/19/2009).

    Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......

    Here is the wording:

    Quote""""""""""""""""""""""""

    Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.

    The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.

    The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.

    After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.

    The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.

    Sincerely

    """""""""""""""""""""""""""""""""""""Unquote



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