Saturday, June 18, 2011

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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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  • days_go_by
    11-07 07:42 PM
    Hello Friends,
    I don't live in So Cal but I frequently travel to LA (LAX area), I can be active and try help spread the word for IV whenever I am here.
    regards,
    dgb.




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  • Libra
    09-14 02:58 PM
    thank you mdmd10 for contribution, hope to see you in DC.

    Just made a 1 time contribution of $100.
    Thank you for all the good work.




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  • JunRN
    09-28 07:09 PM
    Receipting people are not the ones adjudicating the cases. They are different people. So there is no used stopping the receipting.

    If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.



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  • mw_immi
    01-07 12:47 PM
    Just send your I-140 approved docs to the bank. I got the approval with my I-140 itself

    Who is your banker? I locked in my rate with BOA & after 4 months they say unapproved. I am on EAD (expired H1B and I-94), AOS pending. I gave I-140, I-485 receipt, EAD, attorney letter but nothing worked.




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  • druminator
    04-30 04:53 PM
    am I the only one who noticed that they admitted that although FIFO is a nice idea, it's impractical (for them) and that it's NOT how they do it (but it's written all over their literature) ?

    what I got from it is: they are overwhelmed, they have not real idea of what is going on in the offices and how much it cost for the agency and the country to push people out.



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  • gc_kaavaali
    07-14 03:45 PM
    done both (contributed and updated signature)




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  • maximus777
    06-11 10:25 AM
    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.

    USCIS is a different beast altogether - it defies all logic!



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  • gconmymind
    09-14 01:59 PM
    bump




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  • mirage
    08-04 12:18 PM
    Since you don't know that EB-3 PD was Nov-2001 before it became unavailable it tells me that you are not EB-3 India.
    I believe this thread is not for you please move on. Please don't disrupt something not meant for you and not going to harm you...


    Read in red above and comments on it below:
    1- You are telling the person writing visa bulletin that he does not do his job right.

    Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.



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  • cooldude0807
    11-26 11:22 AM
    Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)

    If this is confirmed news, i will revisit my blog and make changes

    __________________________________________________ __
    I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!




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  • sugaur
    03-05 10:36 PM
    Wifes I485 got soft LUD on 1/9/09.



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  • mygc2006
    01-06 02:26 PM
    Guys, My PD is Aug 02 and I am still waiting for my LC approval :mad: i know a lot of guys in 2001 havent got their approval yet.




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  • diptam
    08-12 03:21 PM
    The answer is "No" - my employer is also not willing to sign that form. They are saying that its against their policy to push Ombudsman or CIS for a I-140 which is pending for 15 months.

    They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.

    This is a huge Pain because 140 is actually employer petition and we are beneficiaries.

    Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.

    Hi Lonedesi and team,

    I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?

    Does it make sense ? Please advise.

    Thank you!



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  • mango_man
    06-11 07:21 PM
    Just eat mangoes and have fun! GC doesnt taste half as good as Indian mangoes.




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  • eb3_nepa
    07-15 09:25 AM
    New Day today.

    Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.

    Also let us remember to update our signatures and include a link to this thread.



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  • BPforGC
    07-18 07:32 PM
    Based on what my lawyer said, this is how it happens.

    1. LC/I-140 processing is independent from I-485.

    2. I-485 RD is critical.

    3. When your date comes and when they review your application, they will check if your I-140 is approved or not. Then they will look in the application and if everything is ok (FP, background check - Name check etc) and if VISA number is available, you will get it.

    If they don't have VISA numbers available, they will not process any I-485. So, availability of VISA numbers is key when they process I-485.

    PD of I-140 comes into play when we have retrogression. Since they opened flood gates, all of us who apply now will go by our I-485 RD. Until substantial numbers of our applications are cleared, there is no chance that future VISA bulletins will be current. Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.

    So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.

    REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.

    Good luck folks.:p :confused: :rolleyes: :cool: :eek: :mad: :D




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  • desi3933
    07-06 05:52 PM
    See what I was saying. They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applicatrions in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
    I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
    I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.

    Incorrect.

    The visa number is requested and alloted at the time of scheduling interview for immigrant visa for CP. If the interview results in declining the visa, then visa number is sent back to DoS. This is standard practice.

    Typically for all July interviews, visa number is already allocated (in May/June). So these applicants can be still issued immigrant visa (aka green card) if they clear the interview.

    _____________________
    Not a legal advice.




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  • softwareguy
    07-06 05:54 PM
    And how does it not apply to AOS.
    For Consular processing people have to plan trips and get medical and all that.

    Why doesnt the same analogy apply to AOS. - Please explain...:confused:




    sunny1000
    04-30 07:09 PM
    Sorry, I didn't do that...

    That's ok and thanks to everyone who gave me greens :)




    msandhu
    07-30 03:50 PM
    Hi ,
    We applied I-485 in july and still waiting for receipt number. Also My wifes H4 visa expires on July 30 and her I-539 is pending. Can we use GC pending status to get driving license by showing the EAC receipt number ???

    Regards
    msandhu



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