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  • bebar
    09-15 04:49 PM
    Called NSC on 9/3 and IO initiated an inquiry. Not sure if this is equivalent to SR. With in few hours I got a reply email stating the exact following message. It says awaiting review by an officer, but then the last line says "Service is waiting for VISA availability". It's too confusing and it sucks.

    ************************************************** *************
    Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed. Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
    ************************************************** *************





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  • sbindval
    06-03 03:51 PM
    called all of them.





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  • gccovet
    12-11 04:02 PM
    Done, added my story as well.
    -GCCovet





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  • NKR
    01-31 10:03 AM
    I just voted.

    Thanks



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  • alkg
    11-19 08:50 PM
    Hi IV Members

    I am 2nd July filer and till date i did not receive Advance Parole,but my wife received an approval notice from USCIS stating that they approved her AP(but AP not received) .

    And Today i got an email from USCIS guys stating that my file for AP is under "Name Check and Background Check"..???????

    I just want to know from IV members how much time it will take to get clearance from background check as i have an emergency to go Home country. confused::mad::mad::(:(





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  • nc14
    09-17 02:01 PM
    there goes our chance.

    .....................
    $470 till date

    Next they are going to work on the HORSE SLAUGHTER bill !!!!! :( :(



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  • franklin
    07-11 02:13 AM
    I have forwarded this within my company and also have made arrangements to send it to Cisco.

    i hope we make this a silent no-slogan protest.

    banners will convey our point.

    Perfect, thank you.





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  • deepakd
    07-14 09:32 PM
    I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.

    http://www.petitionspot.com/petitions/loudobbs


    just signed



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  • gc28262
    01-28 04:01 PM
    Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.

    Your saying that memo is illegal does not mean anything more than your personal opinion.

    H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.

    PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.


    ___________________
    Not a legal advice.

    I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.

    The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.

    Please refer this link

    http://www.murthy.com/news/n_repatt.html



    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.





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  • americandesi
    07-29 03:12 PM
    How can we figure out the net assets from a 1120S tax return? I have the copy of company tax return with me and I am "accounting challenged". Can some one please help me figure out the net assets, so that I can answer my ability to pay RFE.

    Thanks

    Company tax returns can only show the NET INCOME . You need an Audited Financial Statement prepared by a CPA to show NET ASSETS



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  • obviously
    07-15 10:42 PM
    Folks -

    Two pronged approach to fix Lou's bigotry:

    1. Mail an empty trashbag to Lou Dobbs, to reach by July 31
    Let us each mail an empty trashbag with a covering note highlighting how biased and untrue his 'reporting' is.

    Mail to:
    Trashbags for Lou Dobbs Senseless Bigotry
    1 CNN Ctr
    NW Atlanta,
    GA 30303

    (or)
    Trashbags for Lou Dobbs Senseless Bigotry
    One CNN Center, Box 105366, Atlanta GA 30303

    Imagine, what THOUSANDS OF TRASH BAGS would do in terms of media coverage and buzz!

    Trashbag = $0.05
    Mailing = $0.39
    Opportunity to remedy the bigotry = PRICELESS

    2. File online complaints at following direct links!

    Report Errors on CNN TV
    Send an online report NOW (http://www.cnn.com/feedback/forms/form6a.html?2)

    Send a story idea (on high skill legal immigration)
    Link here (http://www.cnn.com/feedback/forms/form11b.html?2)

    Lou Dobbs Tonight - Comment on the show
    Link here (http://www.cnn.com/feedback/forms/form5.html?76)
    "]http://www.cnn.com/feedback/forms/form5.html?76 (http://www.cnn.com/feedback/forms/form5.html?76)

    These will be more effective than trying to boycott Toyota, or other advertisers. Let us get direct and rebuke CNN for their shameless attacks on high skilled hardworking immigrants who continue the tradition of working towards the Great American Dream.

    Cheers!





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  • hpandey
    03-29 09:30 AM
    It is possible INS can track you down using posts here as you seem to be illegally here in the US. I wouldnt be advising anything to you as you are an illegal alien.

    At least one person is doing the right thing and you are asking him to be a coward ? What will INS do after tracking him down ?

    INS can't even track down the 12 million "really illegal " aliens that you and I see everyday around us and they will waste their time going after this guy who has already left the country.

    Get a grip on practical things in life.

    The employer should most certainly be reported to DOL for fraud.



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  • snathan
    01-17 10:30 AM
    This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.

    First they came for the communists, and I did not speak out�because I was not a communist;
    Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out�because I was not a Jew;
    Then they came for me�and there was no one left to speak out."

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.

    So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.

    Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.





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  • Madhuri
    03-09 11:24 AM
    It's a good suggestion, but I think free period should last only for a couple of weeks.
    Suggestion: IV membership should be free for the first 3 months, after which there should be a minimum $20/per month to keep your membership and log in.
    Also at that time a member needs to update his/her profile to include contact information. This way we encourage new people to come study the issues, gain trust with IV.



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  • java06
    01-31 10:06 AM
    done





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  • GCstuck
    08-28 09:06 AM
    On Aug 11, 2007 - I 140 Denied Due to Ability To Pay issues

    Description for denial ( I have also attached the denial notice)->

    They looked at years 2003 to 2006 history for I140 since PD is JAN 03.

    * Reason 1 - Lower salary than specified in labor
    Preferred Wage in labor - 78,750
    W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
    W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.

    * Reason 2 - negative net income of the petitioner
    2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);

    * Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
    and my lawyer did not provide 2006 information

    Acceptable Assets Aceptable Liabilities Net Current Assets
    2003 $4,272,733 $3,789,359 $483,374
    2004 $4,871,615 $4,660,879 $210,736
    2005 $5,047,775 $6,494,111 ($1,446,336)
    2006 ---- Not submitted [ Company has not filed taxes yet]
    For 2006 they will be filing big loss.

    Does anyone know any way out of this.



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  • diqingshen
    07-11 11:42 AM
    HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.





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  • BharatPremi
    03-13 12:23 PM
    I seriously hope that this is correct even though it doesn't apply to me : (

    Anyway, IIRC, in past there have been incidences where VB posted in mumbai Consulate's website actually did not turn out to be true. Couple of years back - after the retrogression - it predicted huge forward movement which 2 days later turned out to be false hope...
    so keep your fingers crossed...
    : )

    That is exactly I was thinking. My first confusion was why the hell people want to check CP dates and create the false thread but then I realize they must not be around/ in the process to realize that CP dates != AOS dates. Some times CP ones equals but not always. Let's hope those equals to AOS dats this time.





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  • PHANI_TAVVALA
    11-22 09:52 AM
    You guys are not getting it. No (in like None, Nada, zilch etc.) insurance covers pre-existing condition for visitors. If a complication arises, and you had to use the insurance, the question will be if it is a pre-existing condition or something that came up after coming here. Even if the condition comes up where an incident is not related to pre-existing condition but aggravated due to pre-existing condition, insurance will cover minimal claim amount. The odds are rigged up against you no matter what. Put yourself in the insurance companies shoes. The less you pay the more you make so you always try to deny the claim.

    Saying this, you are betteroff buying a American Insurance as hospitals over here see it as something they can count on for being paid back (though law says they have to give the topmost care irrespective of the patients ability to repay). Indian insurance is useless and will be looked down by medical personnel (some of the private pracitioners won't even accept it). Just buy some American Insurance and pray you don't have to use it.





    gcisadawg
    04-08 07:47 PM
    On March 30, we all 3 received soft LUDs and on March 31, my wife was issued a RFE. This is about her incomplete TB test. We have till May 1st to submit the evidence.

    My wife couldn't do TB test since she was pregnant when we filed I-485 in Aug 2007. Now she is in India and be back only in the first week of June. If we receive an RFE for her TB test ( my PD is EB3-I Oct 2003), can we request an extension for RFE? Is that possible?

    -GCisaDawg





    mdmd10
    09-17 11:50 AM
    Rep. Lamar Smith is proposing another amendment to amendment proposed by Rep. Lofgren.



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