Thursday, June 30, 2011

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  • stuckinmuck
    05-28 02:10 PM
    Subject: Becoming Illegal (good deal)

    (Actual letter from an Iowa resident and sent to his senator)

    The Honorable Tom Harkin
    731 Hart Senate Office Building

    Phone (202) 224 3254
    Washington DC 20510
    Dear Senator Harkin:

    As a native Iowan and excellent customer of the Internal Revenue service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.

    My primary reason for wishing to change my status from US Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill's provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine, and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out.

    Simply put, those of us who have been here legally have had to pay taxes every year so I'm excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.

    Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year.

    Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as "instate" tuition rates for many colleges throughout the United States for my son.

    Lastly, I understand that illegal status would relieve me of the burden of renewing my driver's license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.

    If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative.

    Thank you for your assistance.

    Your Loyal Constituent,

    <First Name> <Last Name>

    <City>, <State>
    Get your Forms (NOW)!! Call your Internal Revenue Service 1-800-289-1040.

    Please pass this onto your friends so they can save on this great offer!!!!




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  • hsingh82
    09-10 09:23 PM
    My sincere apologies for being harsh on IV members, I sincerely appreciate the efforts.

    I guess Oct bulletin (EB3 - I) got me going there...

    I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.

    Peace.

    Good gesture rahulp!




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  • unitednations
    03-08 03:24 PM
    I am not sure, When I was coming from India I had person with L1 visa came to US without any problem.

    Extensions is currently the problem.




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  • nkavjs
    09-12 01:46 PM
    My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?

    I am in exactly same boat, with no idea about my pending application.
    Absolutely hate this feeling.



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  • dummgelauft
    09-23 08:31 PM
    EB-3 porting to EB-2 is ging to slow down EB-2. Everybody is fighting over this, btu has anybody tried to find actual number associated with porting? Mr. O said "thousand"..well..how many..4000, 5000, 10,000......all the calculation done on another thread already have accounted for about 6000 porting, per year..

    Remember folks, these days companies are shying away from immigration related stuff, so for an EB-3 individual to be able to file in EB2 is not as easy as it sounds. I personally know 4 guys, one IT and 3 non-IT, whose companies have simply refused to entertain any request for upgrading the EB category.

    So, laro matt..

    Help IV to work in the direction of STEM Exemption, Visa recapture, dependent count elimination, country cap removal etc. Personally, I think STEM exemption should be the easiest to accomplish, but hey, we all know the ground reality.




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  • skillet
    11-21 03:21 PM
    I am dumbstruck. I do not have words to express anything. May god give you enough strength to face this. Explore all the remedies. Believe in yourself. You will be fine
    Regarding GC, I think its better to consult immigration attorneys
    Good luck



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  • abhis0
    08-21 11:00 AM
    I had a LUD on 7/28 and nothing after that... My I140 approved in Texas in April2006. I think we should get the receipt number here pretty soon...


    Why do you have this hunch?
    It seems like all the LUDs on approved I140 from Texas for July filers is pointing towards their I485 being sent to Texas too. Hence, this unimaginable prolonged delay. Can we do anything about it except sulk?

    Let it run its course.




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  • gauravster
    07-08 04:10 PM
    What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
    .

    By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.



    When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.

    Unfair does not always mean illegal.

    .



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  • alex99
    03-28 02:51 PM
    It was mentioned in the Spread sheet:
    Assuming 60% EB3, 35% EB2, 3% EB4, 1% EB5 and rest EB1 category applicants

    The above % is may not be correct...

    It should be :

    Assuming 45% EB3, 45% EB2, 3% EB4, 1% EB5 and rest EB1 category applicants




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  • unitednations
    03-07 01:17 PM
    This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.

    We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.

    One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.

    Part of the study would be: Why is there so many Indians in the que?
    What type of companies are sponsoring most greencards?
    Rate of H-1b denials?
    Rate of consulate denials?
    How are people getting here?
    What is the average wage of people being sponsored here?
    if people are so skilled then why don't they go into extraordinary ability?
    DOL investigations?

    The list goes on and on of what the counter attacks are...

    People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.

    What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.

    Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.



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  • fundo14
    06-06 05:02 PM
    fundo...did you land, how did it go?

    Hi Maag,

    I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.

    As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.

    What have you decided? do you know the procedure to get landing fee back?




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  • SunnySurya
    08-18 02:14 PM
    So far I have abq_gc, Johnamit , Singhsa3 , SunnySurya and pamposh(5 and counting ) . I need more..



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  • amsgc
    07-05 12:02 AM
    Hey thx man...I had no idea about this. I will search for the post and read up on it.
    Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..

    Retaining your PD, using a new I-140, is not the same as Labor substitution. There are several members who have successfully ported their PD, and may be able to advise you better.




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  • YesGC_NoGC
    06-27 10:19 AM
    What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.



    I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.


    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.



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  • sam2006
    07-19 08:13 PM
    Thank you

    waiting4gc
    gcsomeday

    comon guys we will aim atleast 5 more today




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  • mrajatish
    05-02 06:49 PM
    I believe pending application for 485



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  • srikondoji
    07-05 11:08 AM
    I sent it for Friday deliver.

    http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0

    cost 24.99 to be delivered Friday 7th. Search for F488

    Merchandise Subtotal: $ 24 .99
    Service Charge Subtotal: $ 13 .99
    Discount Subtotal: $ (5 .00)

    Your Order Total: $ 33 .98 All prices are in US dollars

    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.

    -- let the campaign begin..




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  • dontcareanymore
    07-28 12:48 AM
    1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.

    2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.

    3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.

    <Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >

    4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.

    Now that I have the disclaimers out of the way, Here is what I have to say:

    Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?

    What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?

    What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.

    You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
    Will give you an example :

    Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?



    It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.

    If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.

    I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers




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  • krishnam70
    07-05 10:51 AM
    Guys
    this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.

    cmon, arise,awake.




    chantu
    09-03 11:44 AM
    Yes, u r lawyer is right. It is fine to skip.

    Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.

    Can I skip the renewal process for now and apply for EAD later?

    My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.

    Please advise.

    Thanks,
    new2gc




    Mount Soche
    11-06 02:27 PM
    I'm a july filer (July 16th)
    have gotten EAD
    Case status online says AP approved on Nov 2nd.
    But NO FP.
    Opened a SR on Oct 19th but don't have an appointment.
    Called again yesterday and was told to call back on Nov 19th if I still don't have FP appointment.
    Of the 6 filers at my job, only 2 got FP...very strange.
    FYI, when I called the USCIS, they said it is very unusual not to get FP right after receipt notices. Apparently, the FP appointments are sent "automatically" after the receipts are generated/sent etc. That's what the USCIS rep told me anyways and she opened a SR on her own based on the info I gave her that my FP appointment hadn't arrived after over 100 days.



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