Monday, June 27, 2011

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  • desi485
    11-07 03:36 PM
    Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
    However, having an official AC21 process would be good.

    minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.

    In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.





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  • deleteuser
    07-13 12:42 PM
    Damn..F5 button on my keyboard needs replacing:D

    You can use Opera, it has an Automatically Reload Page feature. Pretty useful these days :cool: :cool:





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  • memyselfandus
    04-21 09:06 PM
    It doesn't matter...if it is substitution case or not. Everybody deserves a fair chance of the pie.
    Hopefully no one replies to your post as yours is substitution case.


    I think nchendica should contact his lawyer and ask them to reevaluate your degree and these rejections have been succesfully won. You can search similar cases on immigration.com website. Contact a good lawyer; it is still not too late.





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  • chi_shark
    07-07 06:00 PM
    i sent something like you have desribed in option 1 for my evl rfe. my lawyer drafter it and the only legalese reference was : [please continue his process] "as per section" yada yada yada "of the American Competitivenes in the 21st century Act".

    Hi,

    My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.

    Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.

    Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?

    1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
    2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
    3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.

    Sorry for a long post and thanks for any suggestions.



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  • baburob2
    10-03 10:32 AM
    Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.





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  • leoindiano
    01-18 10:15 AM
    2000-2002 was worst. Who didnt do job search during that time have no idea how it felt like.

    I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.



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  • bbct
    02-15 11:59 AM
    Any advise/comments?

    My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.

    1) What consequences the employer would have to face if they fail to report correct wages on W2?
    2) Does IRS is concerned about missing wages that are 1-2K?
    3) Do you think I should complain to IRS?

    I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.





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  • TO BE OR NO TO BE
    04-19 09:13 AM
    Lets see waht happens....



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  • nowhereman
    01-31 10:15 AM
    I just realized that I should probably provide some more details about my situation, which must appear very confusing right now. I came to the US in 1994 with my parents. Yes, I have actually attended from first grade through college graduation here without a green card. My parents have been screwed and screwed again by their employers and the system. Right now we're on my dad's 140+485, with an RFE just sent out for the 140. Try beating our story for fucked up.

    One reason I'm making this thread is that I want to make sure my judgement about whether to go or to stay is not clouded by my inherent bitterness toward the US and its government on the one hand, or by an unrealistically rosy picture of what to expect in Canada on the other.

    I greatly appreciate all the honest replies that have come in.:)





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  • truthinspector
    09-19 10:28 AM
    Can we utilize the US Citizen children to campaign for our cause. We can highlight our cause better that way. We shall certainly get more attention. We also must make sure to highlight that we are LEGAL immigrants.

    This reason is preposterous at best.

    GG_007



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  • Templarian
    04-03 01:11 PM
    pokes Kirupa





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  • snathan
    03-29 04:06 PM
    Hi Guys,

    I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.

    He ask me that what could be the best way to avoid this fees , some of the option that we thought about,

    1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?

    2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer

    3)If US client utilize remit2india, ICICI to transfer money which I highly doubt

    I appriciate your responce on this.

    #1 - he would not be able open the account here without SSN/EIN and need to pay the tax here if register his company here. Corporate tax rate is 35-39%

    he is better off with 4%



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  • santb1975
    06-19 06:29 PM
    Kudos to this approach





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  • qplearn
    10-23 07:26 PM
    Interesting, Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. qplearn, could you please clarify your sources or shed some more light on the issue?:confused:
    For the record, filed I-140 and I-485 concurrently (EB2) on June 21 at NSC. Got FP, my wife got EAD.
    My lawyer tells me so. Also, the bulletin you cite is very old. Most people stuck in name check, for which BTW there is a separate thread, will coroborrate what i've said.



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  • gveerab
    09-18 01:14 AM
    Based on your request we researched the status of this case. We are actively processing this case.However, we have to perform additional review on this case and this caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below .....

    Looks like they have few set of replies and randomly selecting and sending those replied.














    SOP - Tell your congressman you got approved with the same day as your spouse and there are people who got approved in the later dates as well. Ask them to follow up with USCIS with the same. If not since USCIS has sent this info in written, tell them you will take legal action, if this is the reason.





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  • pitha
    01-27 09:10 AM
    There is no gross misconception at all. IV core has gone out of its way on many many ocasions to explain that 485 measure is only short term tactical decision since they cannot do much currently with appropriations bill. Do you really think that the people who are opposing the 485 measure are so dumb that they can't even understand simple english. They do understand that this a short term tactical decision and the focus is on solving retrogression either with CIR SKIL and other bills as and when the oportunity arises.

    The 485 issue is raked up over and over again because the overwhelming majority of people who are opposing 485 measure have already applied for 485 and dont want other to apply for it. I will not go into deatils explaining how it will not affect them and so on because this was discussed in detail in the long 485 measure thread.

    I hope IV does push for the 485 measure but if for whatever reason they change there mind and dont push for 485, I would be disappointed but that will in no way affect my attitude towards IV. Over the past year or so I have seen enough of core tem to say they take a decision in the best intrest of IV.


    there is a gross misconception that iv is focusing "only" on 485 filing. and repeating is ad libidum is not helping.
    the 485 measure is a short term tactical decision.it was taken after it became clear that nothing else could be added to an appropriation bill currently.remember that the attitude of the majority is to have a comprehensive bill ONLY.
    certain members took to angrily denouncing the whole idea leading to a great deal of unpleasantness, of course the fault was on both sides as no tolerance for the opposing opinion was shown. it's sad though that some of these people now bad mouth iv on other forums.
    as long as we insist on bickering and being divided, we will never succeed
    let's just stop now, if that's all everyone wants to do on a daily basis. we can all stew in our own sweet juices for the next 20 years...WAITING.



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  • nik.patelc
    07-04 11:49 AM
    Please add me

    Niraj





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  • bindas74
    05-15 08:32 AM
    Hi Gurus,

    I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:

    "The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."

    How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
    How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
    Please advise.

    Also, during the AP filing, I got this:

    "On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "

    What an I supposed write in the document that I am going to send to USCIS?

    Please advise.

    Thanks in advance,

    HI Gurus,
    Please someone answer..





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  • Dj-Studios
    05-17 02:34 PM
    Thx everyone. Can't wait to see the return.:D

    Is my week up yet CG? Lol My rep here is becoming bad now cause i\of the message.:D





    kriskris
    08-26 11:24 AM
    Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.

    Friends,
    Imagine the plight of the people who applied on july 2 and still waiting for the receipts. If we call EAD delay as injustice. What word we should use for july 2 filers who r still waiting for receipts as july 23 or later or even early august filers getting the receipts. People who got their receipts already boarded the bus, it is just a matter of time when they gill get the seat. People who haven't even got their receipts are still waiting for the next bus. Many people are worried that they might even miss the bus (Fearing that their application may be rejected).





    lecter
    February 4th, 2004, 08:58 PM
    Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the gorgeous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossy mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.Based on this Steve, would it be safe to say that a 1D. as is, would still be a viable product to have on the shelves (notwithstanding that it would effect sales of the new one and that's why they don't)? I think there is room for a 1D in it's current MP capacity, but with the 1D Mark II improvements.. (Shooting RAW at 4MP that is)

    Thoughts?



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