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Sunday, July 3, 2011

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  • logiclife
    06-18 12:03 PM
    W2's/tax returns are not part of the initial evidence USCIS requires to process your application but they may ask for it later if required

    A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

    Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

    Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

    Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.

    So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).





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  • GCBy3000
    06-18 02:44 PM
    When you started the process, you might have authorized your attoreny to represent you. I am not sure what the form you signed, but it should be similar to G28. Revoke this authrorization in writing with anothor from( Dunno what itis called)

    Otherwise, he could revoke your 140 or labor etc as he represents on your behalf. I read this somewhere.

    I doubt that the lawyer would purposely hurt a former client. Its not just unethical, its really malpractice. And its not like lawyers done get fired and they cant handle getting fired.

    However, please do make sure that you have all documents that you need to do your own 485 filing. If there are some documents like 140 approval or other stuff that only he has, then you will have to get it out of him, which he just might delay (a little) in case if he is an absolute nut job.

    For me, I dont care what the lawyer thinks of immigrants as long as the job is done in a TIMELY manner without mistakes. If he hates immigrants and votes for Jeff Sessions, I dont care about it. All I want is TIMELINESS and ERROR FREE job. After that, he can hate anyone he wants and stick pins in voodoo dolls of immigrants.





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  • tempy
    09-09 07:38 AM
    Congratulations..

    Yes, it is normal , you will receive welcome letter in USPS mail not email in next couple of days and then GC.

    Enjoy

    Today I got one more email (See below) and my status changed from CPO to Decision. What does that mean? Did they send an RFE?

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Decision

    On September 8, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.





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  • desi3933
    06-18 12:06 PM
    .... If they can't find a guy, most companies now a days are putting off projects and wait. So your campaign on this scale will not help H1Bs at all. ...

    >> If they can't find a guy ....
    Total BS. Do you know how the market is. We have 2 open positions (dot net developers) that I am trying to fill up. We have got over 200 resumes in less than a week.

    So many consulting companies are offering H1-B resources at 40 to 50 dollars per hour.

    Wake up and smell the coffee.



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  • logiclife
    06-18 12:03 PM
    W2's/tax returns are not part of the initial evidence USCIS requires to process your application but they may ask for it later if required

    A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

    Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

    Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

    Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.

    So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).





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  • gc_on_demand
    08-21 10:54 AM
    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.

    Any big action iteam coming for VISA RECAPTURE FROM IV CORE ?

    should't we start aggressive calling campaign for HR 5882 ? like one we did for sub committe hearing.. or may be big event like rally in DC ..



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  • delhirocks
    06-29 09:09 PM
    just curious...

    I like IPAs...Iam in seattle, they have this nice brewery (Pike Place Brewery), the head brewer over there, split open a new cask of this mild IPA, It had a nice bitter after taste. Kindoff like this whole fiasco (except the nice part)





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  • gc_hopful
    05-25 12:32 PM
    Hi Gurus,
    I need some help with my situation:
    After 5 years of waiting, my Labor got finally aproved thru Dallas BEC(EB3, RIR, PD: Oct'02). But my wife is in India on vacation and as per original plan will return middle of August.
    1. What are my options so I can take advantage of the PD being current for me?
    2. can I apply for I-140 and I-485 and then apply her I-485 when she returns?

    Thanks.
    gc_hopful



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  • whitecollarslave
    01-11 04:27 PM
    1. Ball park figure is total of 218,000 visa wasted from previous years. How much of it will go to EBs (and others) will be based on how the recapture gets implemented. If we don't do anything and sit quiet, it may as well be ZERO. Nurses will walk away with the cake

    2. President can pass an 'Executive Order' to pass interim relief. So it should be possible. It'll depend on the independent interpretation of the law by the White House, and it won't be based on whatever you read elsewhere.

    What is the source for the number 218,000? Is this purely speculation or in some official reports? USCIS Ombudsman report, some official USCIS publication or from any other organization?

    Thanks!





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  • Libra
    07-10 08:00 PM
    sorry i was wrong.....i deleted my post delete yours too
    Is she done?



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  • gcwait
    09-02 08:34 PM
    please send me email so that i can subscribe this service





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  • jamesbond007
    11-04 10:54 AM
    Good talent also needs to make up its mind as to which company to stick to. The "future job" labor petition is so full of holes that its misused lot more than its used.


    Its not so simple though. Even after finding a good company to stick to, you should not make up your mind to remain stagnant. When you work for about 5 years, you will be faced with a situation where you are asked to take on more responsibility.
    The way things are with the current process, if you want to progress in your career and take on a new challenge (eg: database programmer to a DBA/architect), that would require a new LCA since there is a significant change in the responsibilities.
    Also at big companies, there are several lines of businesses which are structured as if they are companies by themselves. If you want to shift between LOBs within the same big company, that would also require a new LCA.



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  • sundarpn
    01-16 08:33 PM
    Are we talking some automated system at KCC that may be used as an indication of whether one passes PIMS check? ?





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  • Saralayar
    01-07 11:41 AM
    I fully support this...

    People who meet the conditions above can benefit the US Economy in a long run because...
    1)Deficits are going to be high for a long time...in trillions, and if we are allowed to apply for naturalization directly, there is a better chance for us to pay taxes to reduce the burden.
    2)If we are asked to leave now, the US is committed to Social Security payments(with the minimum 40 points) even if we are outside.
    3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.

    If this Bill is introduced in congress, people will listen because...
    1)People waiting for 10 years... and done all the right things, no one can simply ignore. Also, there will be a sense of guilt on the US Government to have let the situation deteriorate. They will think of ways to make the transition smoother... remember they created a special green card category for Iraqis since there was a sense of guilt.

    2) Whether this passes congress or not, there is a legitimate argument of asking for the congress to rectify the situation. That is the best we can do.

    3) We need to give more and more options to the congress. Not everything sticks, but even if one or two get passed, it goes a long way to help all of us.

    I personally will contribute bigtime if IV core want to take this up!

    Core IV, We are waiting for you to take it up. We will support.



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  • Keeme
    09-09 01:03 PM
    Good to see some initiatives on flower / call campaign.

    Please, while sending flowers/ calling Congress members - fax the copy on what Alen Greenspan said few weeks back. Its VERY important they know about this - http://news.yahoo.com/s/nm/20080813/...y_greenspan_dc

    I have said it before and will say it again - " Nothing else but ONLY 'current economy ' will make this bill pass ". To get enonomy back on track, they need to fix housing market first.





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  • H1BGCWait
    06-21 03:18 PM
    Can USCIS stop accepting applications mid month without any notice. From the posts above, it would seem so. Everywhere else, I hear USCIS will accept applications till July 31 (with respect to July bulletin).

    Any information????



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  • vsrinir
    09-16 10:39 AM
    I called again for the second time.


    I will call again!!!!!!!!





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  • chanduv23
    06-18 11:00 AM
    I am not on L1, neither do I work in the kind of an assignment which will come under the radar due to this - but have many friends on L1. Hence I think I may have a slightly more balanced and perhaps somewhat sobering POV on this.

    Since I have many friends on L1 - I know pretty well how they are abused by their employers. Just the fact that you cant quit the employer enables some forms of abuse so subtle that they will not stand in any court of law. So I hope for the sake of people on L1, and to uphold the rule of law - that this abuse stops. If it does - their employers would be forced to bring them in H1 - which is far less prone to abuse due to the portability.

    However, the current "run to the DOL/ICE" approach that you guys are taking may have repurcussions well beyond you had bargained for. Think of it from the POV of a client manager (lets take the example of, say, a goldman manager). He has his hands full of sucking up to his boss, playing the internal politics and in his spare time doing some work. 99% of them (even those who actually immigrated themselves) have no appetite to get into the details of immigration law. So, as soon as there is a backlash on this - their immediate response would be to take the safest route out and require Citizenship/GC for all positions.

    As soon as that wave starts - many of us are going to get burnt. Many of us who have EAD, including yours truely, would probably be able to sneak through without too much of an issue (since it is illegal to discriminate against EADs) - however, many others who are not so fortunate would probably not fare so well. Most probably what will happen is that as soon as a recruiter sees brown skin and hears some trace of an accent - alerm bells would go off in the mind to check if this guy is GC holder or a citizen.

    The enabler of the L1 abuse is the non-portability of these visas. We cant do much about that in the current environment. But going all gung ho in terms of enforcement right now -when there is a recession in full swing - may not be in the best interest of any of us.


    The issue is that a lot of people on L1 come to US with an intent to *immigrate* permanantly and are not aware of the complexity inthe law. They think that they can wait it out by staying with their employer till the GC comes and thus are subject to exploitation.

    So many people on l1 actually look for h1b jobs and move on towards working towards their citizenship.

    While everyone want to immigrate to the US - which is the case with everyone - one also has to understand the law and work through the law - it is hard - but believe me folks - it is rewarding too.





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  • whitecollarslave
    04-10 04:38 PM
    FYI...


    Thank you for contacting the ACLU of Virginia. You recently wrote us concerning persons, who are lawfully present in the U.S., being denied employment opportunities on the basis of their lawful legal status. Please refer any person who is having this problem to the ACLU of Virginia.





    gc_on_demand
    04-01 03:59 PM
    When you say "according the our calculations", and you can only come up with years (& not 1 year, 2 year), you have obviously not done a very accurate calculation/guestimation.

    I wouldn't put too much stock into it.

    There are two years (2006 and 2007 ) from 2006 to 2007 and you know language of all lawyers, so he is not wrong here too. I bet you if you can convince him to say 1-2 or 3 years.





    gbof
    08-17 01:15 PM
    So you still think that 2 weeks logic still works :)...

    Your prediction for urself and gbof went on fine :)..

    I have no clue where my file is..

    Wait continues for me

    Its your turn now.... I know waiting is so draining.
    I was a kinda relieved when at infopass, IO told 'your case was assigned on 7/23' I asked no more questions....next day CPO followed by decicision n welcome mails.....



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