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  • needhelp!
    03-16 02:50 PM
    I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
    Thnaks!
    Please fax/email if any of you get the responses.





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  • obviously
    05-15 09:04 PM
    Folks, I just called and left VM's with all on the list. It is very simple and takes less than 15 minutes in total. If you are someone that is 'shy' or 'afraid', dont worry... you are speaking to an automated voice and leaving a message. Get over those nerves. Helps when you call again and speak with a real person. Remember, they are here to serve us and help us.

    So, please take 15 minutes to call and leave these requests.

    Cheers!





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  • freedom_fighter
    01-27 10:52 AM
    Congrats! Enjoy the freedom.

    i'm not going anywhere and would like to contribute in what ever way possible to address our cause.





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  • dtekkedil
    07-03 10:53 AM
    I am sending a flower with a note to LincolN, NE address.
    Could anyone give me the complete and correct address?

    We should all send individually the flowers.
    --sri

    Hello sri...

    I understand your need to do this right now! But it will be more effective if all those flowers go together! Even if we send them individually... it should be done such that Emilio gets them on the same day!

    Set a date for when to send them and either we all send them individually on that day or if IV takes over the funds... let IV mail those flowers on the same day. My opinion is that sending them individually will make it difficult to coordinate. Everyone is busy... and it is quite possible that some of us may forget to mail the flowers!

    Besides.. it is easier to just put the money with a central authority and then let that authority take care of sending those flowers on the selected date. That way there is less hassle for those who want to contribute.. that way we get more people to support us!



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  • buddyinus
    09-16 02:56 PM
    SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.

    Well...This is called "Heights" or "Crossing the limits". Now come on...a friend who has helped u a lot in the past, but cannot(or will not) make it to DC for whatever reasons, u r gonna cut ur relationship with him??? Either u r mean or u dont respect ur friend's decision. Different ppl have different perspectives and one shud respect that rather than cutting off valuable relationships by being narrow minded and expect others to follow what he/she is doing. Else they'll be loners all their lives.





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  • gc_bulgaria
    10-09 04:18 PM
    http://www.immigration-law.com/

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication


    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."

    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.

    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.

    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.

    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.



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  • hydubadi
    02-03 12:32 PM
    ^^^^Bump^^^





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  • sanjeev_2004
    10-04 02:03 PM
    Saeed,
    I 140 can processed through premioum process from last week.
    Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.

    sanjeev



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  • prem_goel
    11-25 01:27 PM
    Dipika,
    Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )





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  • pappu
    11-14 02:40 PM
    Lawyer told me that I cannot contest. They screwed it up some thing
    there is always some way...
    pls quote the exact sentences of your rejection letter here. we need to know a reason for your rejection.
    ask your lawyer or find out exactly what they screwed up.

    also let us know
    - is your lawyer a company lawyer or your lawyer
    - what is the status of your company--- big/small/ many h1b/ what about others in your company on LC applications..etc
    - did the comapny do ads? do you have the material or copy of everything that was sent?
    - is your company making profits. how many employees?
    - eb2 or eb3
    - has anyone been rejected before in your company?
    - how much time do you have on h1b



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  • smit
    02-27 09:20 PM
    Can anyone tell me what was final outcome of this? and which state it was where this happened?





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  • chanduv23
    03-15 07:08 AM
    A lot of people do different things on h1b. It is upto you to carefully report your taxes. As long as you don't get a 1099, it is at your discretion on how to report whatever money has been earned.

    The reason why h1b is not supposed to earn income from other sources is because h1b workers are supposed to work only for sponsering employers. But things like apartment referals, gift checks, stock money, etc... has nothing to do with you not working for your employer.



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  • arthi123
    11-08 09:21 AM
    hello,

    I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

    Ony calcutta dates are available.

    Can I book an emergency appointment in this situation?

    I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

    Extended h1b here in USA..Now going to India for the first time after visa expiry.

    Also, for the stamping, should i carry all old LCA's or just the latest one?

    Thanks,
    arthi





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  • RNGC
    07-12 01:08 PM
    Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

    People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

    By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

    Here are the things that needs to be fixed...

    1. Country quota
    2. Recapturing visas.
    3. 3 year EAD/AP
    4. End the endless wait ( Proposing a new law )
    5. Remove the same/similar confusion in AC21


    What is "End the endless wait" ?

    EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

    Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

    Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

    Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!



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  • luckylavs
    07-17 04:58 PM
    one silly question. How weeks do we have in hand to file 485?





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  • what_now
    06-14 03:08 PM
    CPO mail today......



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  • skagitswimmer
    June 16th, 2005, 10:49 AM
    i agree with kevin, looking at it from my work monitor. I will check at home later - there was a big difference between the 2 on your other shots from this series.
    With the first shot, the zero detail black area is pretty much background and oof anyway so there is no real loss. There is enough detail where it counts - around the eyes and face to make it work. There is also really nice detail in the grey border to the black area.

    The only nit I'd have, and it is just a nit, is that from where I am looking at the moment the front of the beak is very slightly oof. I suspect it could be sharpened as much as needed with the sharpening tool in CS2. You might also tone down the oof leaf in the foreground right that is a bit distracting.

    I really like the play of light and shadow on the other one. If you don't mind I might play with it a bit in CS2. QJ's instructions have got me all fired up and I've been masking my way to nirvana for the past 2 weeks.





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  • TUnlimited
    09-15 09:05 PM
    We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.

    My friends is answered differently. His is from TSC and mine are from NSC.

    Does any of you know what does "UNKNWON" mean and what consequences it might have.

    Yeah! What the hell does it mean? I have the same thing - UNKNOWN...





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  • newbee7
    07-05 12:52 PM
    If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

    200K apps (potential applicants in July) times $500 increase.

    100,000,000





    MatsP
    November 14th, 2007, 03:41 AM
    I don't know the Nikon story on sensor cleaning, but most cameras have a "mode" for sensor cleaning, which essentially leaves the mirror up until you switch it out of that mode.

    As to formatting your memory card, my principle is "whenever there is a problem with them". I don't format my cards "to prevent problems". Most problems are caused by "user errors", such as removing the card from the slot before whatever it's in is finished with it - e.g taking the card out of the camera when it's still writing, or unplugging it from the computer before it's been erased. Others may have other ideas of what's "appropriate" here. But formatting doesn't do anything particularly different from deleting the files on the card. The main difference is that the "root directory" is recreated by the formatting, so if there's antyhing wrong there, it will be "fixed up" by the formatting - but you usually know immediately if there's anything wrong there.

    Finally, in about 5500 pictures that I've taken, I've lost three pictures because the card went wrong. The camera said "CF error" or some such, so it was pretty obvious that something was wrong. Formatting in the camera solved the problem, but carrying a spare card is ALWAYS a good idea.

    Edit: This site seems useful. http://www.bythom.com/cleaning.htm

    I haven't cleaned my sensor ever, so I can't say if it's a good account or not [not that I have a Nikon anyways, but I don't think that really makes much difference].

    --
    Mats





    sgupta33
    08-24 03:49 PM
    The RFE should state how long you have to submit a response. I received an RFE on my I-140 application and was given two weeks to respond (but I had requested premuim processing so that may be why it was only two weeks) - this information was indicated on the RFE. Ask your attorney for a copy of the RFE, if you don't have it.

    Hope this helps.



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