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  • vsukumar
    09-10 05:06 PM
    I filed on July 2nd to NSC. The checks were cashed on 7th september after the case was transferred to CSC.





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  • sen
    03-29 04:51 PM
    I am from Canton, MI and i'd like to get involved in this. Please let me know, if anybody is planning to meet the Senators or House members, so that we can get organized and present our case. I can also pull in couple of my friends who will be interested in this initiative.





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  • skd
    08-21 07:50 PM
    My checks got cashed Yesterday.
    I sent my application on June 30 th, according to Fedex, my application reached to TSC on July 2 10:20 AM

    !





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  • wandmaker
    04-07 11:42 AM
    Hi Everybody, I have a question to the people who already invoked AC21? Do we need the I-485 receipt to invoke AC21 or can we use I-797C(Biometrics notice) as proof of AOS pending? My employer and employer's attorney did not agree to give me the I-485 receipt. I filed FOIA but did not get anything yet. I could file EAD and AP online and send the biometrics notice as supporting doc, received EAD and AP is pending. Does anybody know if there is any other way to get the I-485 receipt or is it really needed for AC21?


    I did not get the receipt notice, open SR and received a standard letter stating that duplicate receipt notice will not be issued. I spoke to one of the IOs and took info pass, the said "copy of FP receipt notice issued to finger print you for I-485 can be used as proof of I-485 filing". Additionally, the letter that I received from USCIS also serves as proof of filing :). You only need a proof of 485 filing to avail AC21, receipt notice is one of the way to prove and alternative proof can be used. I confirmed this with my company attorney, he was in a same page - my receipts were lost in transit.



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  • Dipika
    05-09 02:23 PM
    Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?

    You should call USCIS to let them know that your notice is still not reached to you, so incase if it's stuck on the way, they could send another copy.





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  • namm80
    11-19 10:55 PM
    dpp: did you open a SR or contact USCIS that you think might have expedited your FP? Also, what was the timeline of your case Xfr from CSC back to NSC? Also, is your FP scheduled at an ASC in CA Bay area? Pleasr provide more information.

    I have got FP appt notice 7 days back. I am July 2nd filer, filed at NSC, but transferred to CSC and then back to NSC. Also, got AP and EAD approved long time back from CSC.



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  • JunRN
    09-21 04:45 PM
    Yes! If there's nothing wrong in your EAD application (which should be none because USCIS received it), expect to receive your EAD approval on the third to last week of October.

    NSC is already approving July 2 EAD applications as of the moment; therefore, your case is very near.





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  • Pineapple
    11-14 11:39 AM
    Can't we have the website admin clean up and get rid of old items (action items, news etc) cluttering the main page of IV and put this in bold? Some of the most important and interesting action items (FOIA request, this one etc) are buried in forum threads and need to be bumped up.



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  • vijju123
    05-01 01:37 AM
    Very well written blog





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  • gondalguru
    07-16 03:50 PM
    Whoever opened this post about retrogression, close this stupid post.


    Previous months everyone was discussing on how the dates should move, how to avoid retrogress.


    Now when the dates have moved, now some idiots are speculating on when and how the dates should retrogress.


    Guys get a life, focus on the core element here, the element is to relieve ourselves and others from backlog. Read all these posts, what are we you all focusing on when dates will Retrogress

    What you get in life is what you attract and think. Think positive and positivity will come to you, if you keep questioning it, then you can join the long line of suckers and whiners.


    Close this damn post and all the people who have to give their 2 smart cents on retrogress, call among each other or open something of your own.


    All these messages which you are posting will just break our spirit. Administrator, please close these posts.

    Relax. Take it easy. What makes you so angry. People are just expressing their views.



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  • diptam
    07-23 03:58 PM
    What is your idea/plan to do with this Data ? My Eb3 140 is pending since May 2007 at NSC. What are they up to - why the dates are NOT moving beyond Mar 2007 ? Who can ask this questions to NSC , we don't have the authority to do that.

    I found 1 point to drive this - there are lots of peoples who got EB3 140 approved after my Receipt Date May 2007. If we can compile that data in spread sheet and share that with our Local Congressman/Senator just to show them how NSC is mis managed that might create some pressure - what do you folks say ?

    Thanks!

    Hi Guys,

    This is a small list I have compiled. Can we all share our RECEIPT #'s, CATEGORY and PD's & COUNTRY as well, so we have another method to gauge how NSC is/not processing our files. I will update the list with your postings. Thanks!
    .....





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  • LostInGCProcess
    11-10 04:30 PM
    LostInGCProcess,

    The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions

    Thanks,

    There is no hassle when one enters on AP. You can continue to be on H1 and enter on H visa, and your wife can work on EAD and enter US using AP.

    For all the questions that you have posted, the simple logic to follow, is once you use EAD, your H4 is invalid. Once you travel abroad and want to re-enter with H4 status, you are basically stating that you are going to comply with the immigration rules pertaining to H4 status. And then after entering you want to use EAD, then it would invalidate H4.

    I suggest you consult a good immigration attorney.



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  • paskal
    09-21 10:16 AM
    guys,

    you need to understand why we were in DC. you also need to think about what message we were sending. each person's philosophy about national anthems is not at issue here. this is a pointless discussion. frankly i am tired of people (i am one) that do not live in their countries but lose no opportunity to retreat in jingoistic nationalism. want want want...but no give?
    if no one has serious objection, i will close this thread shortly. the above comments are not for any specific person/poster. just a general view.





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  • HereIComeGC
    10-02 12:49 PM
    Hello Everybody,

    Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?

    Thank you.



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  • unseenguy
    04-10 01:27 AM
    Do you have the offer letter where he said he would pay 60K? If he didnt formally terminate your job, then he is liable to pay wages. Just make him call you 1-2 times and you also call him 1-2 times. This will demonstrate the employer employee relationship existed according to phone books.

    Anyways, if you want to change jobs, just do it, why are u even telling him? How did he find out? Change your address and Phone number and let him bark :) If he doesnt have your address, he cant serve you a notice . Thats it :)





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  • trueguy
    08-05 02:08 PM
    Google for something called "Follow to Join", if you were single then why did you apply for 485? Atleast you could have withdrawn teh application if you had applied by mistake....

    But for follow to join i think there is a clause that the person should be married before 485 gets approved, meaning the primary applicant did not add spouse to 485 and his 485 gets approved or the wife does not have 485 approval then they can use follow to join.

    But do speak to an attorney if follow to join can be applicable in your case (i remember reading some 60 day limit or so) but please confirm and act accordingly.

    Otherwise only other option you have is to get married and bring your spouse on any other visa like h1b or so.

    Dontworry my friend speak to a good attorney they may advice what to do.

    Yes, Follow to Join applies only if married before I-485 approval. I am in the same boat, and stuck in EB3-I category.



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  • amitps
    07-14 01:37 PM
    Me and my self live in Chicago. Adding ourselves...





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  • LostInGCProcess
    11-10 03:42 PM
    Gurus,
    Thanks in advance for your replies

    Once you have started using EAD your H4 status is invalid. There is no process to notify this to USCIS. So, USCIS would not know when you changed from H4 to EAD. However, if they audit your case, they can easily find out about it....that's a different story.

    I don't understand why you want to enter on H4 status and work on EAD as soon as you enter US...thereby invalidating the H4, since you are not complying with h4 status.





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  • gimme_GC2006
    04-09 09:49 PM
    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday

    Dont worry he cannot do anything..all these scumbags, low-lifes and ponzi holes cannot do anything..

    Trust me ..I have been there

    Did you communicate to him emails ? do you have a proof of what all he said in emails?

    Tell him that you will write to DHS, USCIS and all American consulates in India/US/Canada..that will be end of H1B approvals for him..

    btw what's the company? dont be afraid of anything





    WaitingForMyGC
    02-13 03:16 PM
    mine is 11/01/04 ...I searched in 2004, 2005 and 2006 databases, could not find either

    Guys any other place where we could dig this information. My application is also not listed in any of the database.





    s416504
    01-07 03:04 PM
    Following info may useful who are looking for SSN on H4

    Below is part of a message I posted in another discussion, but this deserves it own discussion. If you are a legal resident of the US, such as an H4, even if you are a child, and you have an ITIN, you can get a Social Security Number, because that is the only way to get the Economic Stimulus Payment.

    Be forewarned that the SSA will put up road blocks. You will likely be denied your first application. However, the law is clear and there is no cost to apply. You also have a right to appeal. A cover letter explaining why you have a RIGHT to a Social Security Number will help support your case. Your letter should refer to the laws and statutes cited below.

    The only way to get the stimulus payment is to obtain a Social Security Number for "non-work" purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to "any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds."

    Here are some documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit. Print these out and attach them to your application.


    Lawmakers


    Nancy Pelosi, Speaker of the House



    "Residents of the U.S. territories will also receive the benefit."



    Johnny Isakson, United States Senator from Georgia



    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.



    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy



    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.



    Senator Robert Menendez | Newsroom



    "Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit."



    News | Senator Pete V. Domenici



    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.



    EconomicStimulus2008



    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.



    Senate Finance Committee



    020808 Econ Stim Staff Summary.pdf (application/pdf Object)



    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�





    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) "Identification Number Requirement" states, "For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service."

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a "valid non-work purpose" results when the "law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement."

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, "This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return." [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to "take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers" [Section 205(c)(2)(B)(i)] and that all qualified individuals receive "financial relief" under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).



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