vjkypally
07-21 08:29 AM
Bring our issues in front of Ombudsman with the kind of time line we expect and let him take it up with the Govt.
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new_horizon
03-06 11:36 AM
There was a change in LUD for both me and my wife on 3/4/09. Then on my wife's, there were LUD ON 3/5 & now 3/6/09 also. When I open the Case Number, it shows the usual information "Current Status: Case received and pending". Any idea what this could mean. Thanks.
Milind123
07-24 07:19 PM
I keep reading people getting emails from USCIS. I don't remember providing my lawyer with my email address? When/where do you provide the email address? Tx
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saileshdude
05-20 05:14 PM
Thanks to Chanduv23 and others IV members who are trying to address this issue.
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desigirl
05-06 08:00 AM
I have asked a few of my friends to call the list too. And I did another round of calling Tier 1 republicans only. It was pretty much the same response as the last time. I think that is their standard way of answering, - to sit on the fence.
Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)
Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)
sbindval
07-18 03:39 PM
applications other then 485 will have revised fee schedule. like 140 etc...
Sorry it is not really related to the thread !.
Ths USCIS site says the following ....
"....The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007)."
Does that mean if I file 485 on Aug1st I have to pay new fees?
Thanks any one for a reply.
Sorry it is not really related to the thread !.
Ths USCIS site says the following ....
"....The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007)."
Does that mean if I file 485 on Aug1st I have to pay new fees?
Thanks any one for a reply.
more...
tinamatthew
07-20 12:37 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
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Napoleon
03-11 01:25 AM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
more...
Ramba
09-15 05:44 PM
This topic was already discussed. Whoever opposing PD porting is confused between law and abuse. As per law, PD porting is 100% valid and legal, one can do nothing to challange the law. A janitor can become a rocket scientist and port PD from EB3 to EB1. One cannot stop it. PD is the date one has officially shown the intend to immigrate and put up in the line. He/She will take the priority/ senioirty if he/she changes the catagory.
However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.
However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.
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vandanaverdia
09-09 02:06 PM
My husband & me are flying from Seattle & will be there at the rally!
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Milind123
09-13 09:58 PM
thank you bala, you guys are awesome. now give chance to other members to contribute. :D
Libra, my personal target is not far away. I am going to stop soon.
GCNaseeb, sunty, ivgoodluck, akhilmahajan and our special guest bala, thank you so much for your contribution.
Sorry, I had to go and see the gun-smith to make sure the revolver is ready for our next round. When she heard me tell her about the
few rounds we had. This is what she said "Make sure when you start the next round, the gun is fully loaded to keep it balanced".
So can I have the pleasure of the company of one senior member who will take the last shot?
Libra, my personal target is not far away. I am going to stop soon.
GCNaseeb, sunty, ivgoodluck, akhilmahajan and our special guest bala, thank you so much for your contribution.
Sorry, I had to go and see the gun-smith to make sure the revolver is ready for our next round. When she heard me tell her about the
few rounds we had. This is what she said "Make sure when you start the next round, the gun is fully loaded to keep it balanced".
So can I have the pleasure of the company of one senior member who will take the last shot?
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losthope
06-11 08:11 PM
Great Details!! Everything is possible...someone has to sacrifice for people to listen
I would like to bring another point . What is the stand from the immigration attorney on recapturing visa number? Can't they do something on pushing on this? They made allot of money from immigration petition filing
I would like to bring another point . What is the stand from the immigration attorney on recapturing visa number? Can't they do something on pushing on this? They made allot of money from immigration petition filing
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pointlesswait
03-18 01:35 PM
what about: married filing separately..since both me and my wife are on H1.. we filed separetly last year for some vague reasons!
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ssnd03
04-02 12:57 PM
For the green card, I'll bet you I'll get it next month.
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
more...
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learning01
04-25 02:32 PM
I had already told you that I am not an admin. I said we will focus. I am sorry if you are mistaken.
Tell me, convince me how this discussion of the PD will help in our goals of IV.
We have a CIR that is going no where. We need to dicuss what he said, she said about CIR and what is happening or going to happen in senate. We don't have time to discuss this PD.
If you want to discuss, do it by all means. We will only be wavering from the focus. Tha's my point.
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Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
Tell me, convince me how this discussion of the PD will help in our goals of IV.
We have a CIR that is going no where. We need to dicuss what he said, she said about CIR and what is happening or going to happen in senate. We don't have time to discuss this PD.
If you want to discuss, do it by all means. We will only be wavering from the focus. Tha's my point.
Priority Date -> Date of arrival. Ba, hum bug
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
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sonyyy
06-25 10:40 AM
I agree.
Uncertainty hurts but eventually, almost everybody will get what they want in this case.
Plus, think about it this way, without this current, you won't be able to file your 485 anyway till next year.
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
Uncertainty hurts but eventually, almost everybody will get what they want in this case.
Plus, think about it this way, without this current, you won't be able to file your 485 anyway till next year.
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
more...
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amitga
04-30 02:49 PM
Now President should unite all the democrates in senate to pass this legislation.
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Ramba
03-09 11:33 AM
Has Any Senetor Brought An Amendment To Reinstate Ac21 Provison To Eliminate Country Quota(10%), If Demand Of Visas Is Less Than Supply? The Orignial Spector Markup Deleted This Provision From The Ina. This Is A Big Blow To Oversbuscribing Countries, Unless The Current Markup Is Modified Thro An Amendment.
Is There Any Update From Iv Core Members On This Issue?
Is There Any Update From Iv Core Members On This Issue?
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gc_kaavaali
10-28 12:32 PM
I sent an e-mail to Ombudsman.
arnab221
06-10 01:09 PM
The best way is this .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
Saburi
02-18 04:26 PM
Sorry to say this but i do not think EB3 India or any other Catagory will move much in this coming April 2009 Bulletin, Reason for this is if there was any possible movement then this would have atleast moved by 1 month in the past 4 months.
EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.
I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.
Sorry if i have been any bitter to any of the guys here on the net
Best Regards
EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.
I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.
Sorry if i have been any bitter to any of the guys here on the net
Best Regards
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