Sunday, June 19, 2011

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  • h14life
    03-18 01:00 AM
    Follow the link below and enter the questionnaire to see if you qualify or not:

    http://www.irs.gov/app/espc/

    FROM IRS SITE:
    The Economic Stimulus Act of 2008, which authorized the pre-payment of this one-time credit, stipulates that the payment is not to be made to any of the following:

    * Individuals who can be claimed as a dependent on someone else's tax return;
    * Nonresident aliens; or
    * Anyone who does not have a valid Social Security Number.

    If you become eligible during 2008, you may be able to claim the credit on your Tax Year 2008 return, but you will not receive the advance payment this year, since that is based on your 2007 return.

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

    Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?




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  • eb3_nepa
    12-18 02:35 PM
    We have to differentiate ourselves from the illegals. Let the illegals do Rallies, Huger strikes etc.

    I agree. All this Gandhigiri is not going to do anything. Guys lets just stick with lobbying and reduce what we ask for like I mentioned on another thread. As long as everyone gets SOME benefit we should be good.

    Too much of these fasts and rallies is going to do just one thing, it will send a powerful message of the WRONG kind to the American people that "First they come on temporary work visas, then they forcefully demand Permanent residency". It will affect us even more when we go back for visa interviews and also new people coming here will have problems. Also, unfortunate but true, IV is still viewed as an organization For the Indians, By the Indians, even though this is Not true at all. If you add the whole Gandhigiri aspect to it, it will only add more fuel to the hate fire that most anti-immigrants now have against some of us Indians.

    By all means let us send a card every week to the Senators and Congressmen asking for help. A nice personalized card to each one of them EVERY week. Other than that let us PLEASE not entertain thoughts of "non-co-operation" and "Hunger Strikes". Let us remember Gandhiji was fighting to get OUR OWN country back from the FOREIGN British Rule. However we are in ANOTHER country BY OUR OWN WILL! Now we cannot start protesting and fighting that "Give us our GC or we will strike". Please get rid of these self destructive ideas.




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  • GCard_Dream
    07-06 12:06 AM
    This is by far the most effective story that highlights the security concerns raised by approving cases that hasn't cleared the background check yet. This could be the big story. It may, however, be the double-edged sword. I think we need to keep this going as much as we can.

    Digg .. Digg.. Digg ... keep digging even in your sleep.




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  • singhsa3
    07-20 03:48 PM
    Not sure what your concerns are my freind. My intentions were pure and as follows:
    a) We have won a battle but war is far from over.
    b) Whole point of being able to file 485 is to obtain interim benefits, if there are substantial delays then whats the point.
    c) There are other priorities in the life and it will be unfortumate if those are hostages to EAD/GC/AP.
    e) The reality of the situation might inspire people to make change happen.

    Having said that, I would like to express my disappointment on your tone of the message. Unlike yours, my message was not personal in nature. Your comments made me feel bad. I urge you to please exercise restraint. We are a team here!

    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.


    So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).

    No offence intended but cool off.



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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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  • manugee
    09-10 03:07 PM
    I meant to say next tuesday. Though I'm still trying to adjust my plans...



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  • slowwin
    04-03 09:13 AM
    Administrator,
    can you please CLOSE this thread, please ?

    1) It's annoying to see grown up ppl fight like children.
    2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
    3) we do not need internecine fights, that digress's from our mission.
    4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.

    I humbly request you to put this to rest by closing this thread.




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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • tikka
    07-19 02:45 PM
    Hi Folks,
    I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
    Regards,


    your first post and you contributed...:)

    thank you for your contribution...




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  • mbawa2574
    07-06 01:33 AM
    IV will become ready for elections when we have real candidates with real faces. I request all real candidates to publish their photos and accomplishments, their ideas for the organization; so that we can choose the best person for the job.

    Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!

    Pictures and videos will come out if we as an organization are ready/serious to hold elections. Otherwise this is not going anywhere. Everytime someone questions the stratergy and leadership, blaming back members for inaction is the standard excuse. Let's stop whining and do something. We are being funded and we have a great member base. Leadership and stratergy is the only deficiency.



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  • vgayalu
    06-01 10:01 AM
    Hi Guys,
    How it sounds ,If we give top most lazy award to Philly- BEC center from IV side.




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  • brav
    07-19 09:42 AM
    Just contributed $100

    I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.

    Google Order #831603791059224



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  • stldude
    08-10 03:29 PM
    Congrats - Is u'r 485 processed in NSC. Do you have the SRC** or LIN *** for the receipt no.
    All 6 of our checks got cleared today below are the details

    I-485/131/765 recd date: 2nd july 07
    I-485/131/765 notice date: 06th Aug 07
    Service Center send : NSC
    I-140 approved : on 31-May-06, TSC
    Got Recipts : NO




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  • u.misc
    12-11 11:49 AM
    Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I

    Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.



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  • abracadabra102
    09-14 01:22 PM
    Please stop this EB3 vs EB2 nonsense :mad:. Let us work on something all of us can agree on a) VISA recapture b) STEM exemption c) Streamlining of USCIS processing etc. Let us not open the old wounds again. We are becoming a laughing stock with this constant bickering.




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  • learning01
    04-26 09:58 AM
    You stated dual intent immigrants. In letter and spirit.
    That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.

    Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
    It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.

    Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)

    Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D



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  • kiran24
    08-03 10:55 PM
    There is a conference call going on at SoCal IV forum Bbetween 8:00 P.M to 8:30 P.M. Please join the call if you are interested in attending a SoCal IV organized booth at an event in Southern CA.




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  • factoryman
    06-21 01:22 PM
    go through all the posts at linked at my post 'Link to post at IV''But what is these guys doing?' (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)

    The linked place is a safe and cozy haven for most Democratic Senators and Democratic Congressmen. All start threads in their real names over there.

    This is like red meat for them.


    http://www.youtube.com/watch?v=TCbFEgFajGU




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  • kinvin
    05-08 03:25 PM
    Does anyone know about how much time the Labor department takes to approve a case under TR after the recruitment formalities are done by the employer.




    485Mbe4001
    06-10 12:32 PM
    From Ron Gotchers site:-

    Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:

    "
    Quote:
    203(b)(3) Skilled workers, professionals, and other workers.--
    203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    . . .
    203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "

    That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.

    How can "other workers" have a cutoff date when the rest of EB3 is unavailable?




    rameshk75
    01-09 03:00 PM
    The status of AP seems to be changing practically everyday. The message (document mailed) first appeared on Jan 7, Then changed to Jan 8 with same message and today I see a date change in my portfolio (last updated section). Not sure when the document will actually get mailed...

    Even i had two LUD's on 6th and 7th !! Don't know what is that !!



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