alterego
12-10 08:36 PM
It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
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kartikiran
03-06 08:00 PM
I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
Green.Tech
06-17 08:17 PM
...looking for Heroes, still!
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snathan
05-15 07:28 PM
snathan,
USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
more...
indio0617
03-09 11:30 AM
Guys:
I think they have closed for today. Will meet again, next Wednesday, Thursday ( as per Sen Specter) to discuss more amendments....
I think they have closed for today. Will meet again, next Wednesday, Thursday ( as per Sen Specter) to discuss more amendments....
nirenjoshi
03-09 10:12 PM
Of all the wrongs in April VB +ve thing is EB3-I moved. It moved to the extent it moved last year (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data).
So for EB3-Is take console on these
1) Horror or 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
So EB3-I may move only by 2 months for the rest of the year?
So for EB3-Is take console on these
1) Horror or 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
So EB3-I may move only by 2 months for the rest of the year?
more...
vparam
09-18 09:41 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
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cygent
07-15 04:49 PM
Thanks for the effort Guys!
I am contributing $5 for each year I have been in the US of A. $5 for ever year since I first landed in 1997.
$50 through Paypal coming your way. (Unique Transaction ID #5YT644475Y3428116)
I am contributing $5 for each year I have been in the US of A. $5 for ever year since I first landed in 1997.
$50 through Paypal coming your way. (Unique Transaction ID #5YT644475Y3428116)
more...
gc28262
08-11 05:17 PM
hpandey,
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
Let me know what you think !
I remember some one posting on the forum few months ago that USCIS is not processing EB3 applications ( they were processing EB2 only).
The poster got the same reply after contacting USCIS through senator/congressman.
No wonder there is such a backlog of EB3 I-140s !
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
Let me know what you think !
I remember some one posting on the forum few months ago that USCIS is not processing EB3 applications ( they were processing EB2 only).
The poster got the same reply after contacting USCIS through senator/congressman.
No wonder there is such a backlog of EB3 I-140s !
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ajaysri
01-07 01:36 PM
I think the key is the person approving the loan needs to understand immigration to certain extent. Its important that we let the officer know up-front about our immigration status so that there are no assumptions and surprises.
more...
snathan
08-24 11:22 PM
i had put up the previous two posts on this page asking about relief for Schedule A professionals in 2008......time has passed by but nothing has changed.....no sight of any relief or any schedule A bill........missed the july 2007 fiasco due to employer insisting on 40 day cool off period........have been in US for 6 years......no sign of EB3 india being even close to Oct 2007 (my PD)........employer has refused to file EB2 point blank.......no other employer ready for EB2........spouse on h4 visa since oct. 2006......have lost all hope and just going through the motions......is there light at the end of tunnel???
I dont have any idea about Schedule A. Did you take part in the poll - want to file I-485 gather here. We are actively working on this. If you want to participate send mail to IV coordinator.
I dont have any idea about Schedule A. Did you take part in the poll - want to file I-485 gather here. We are actively working on this. If you want to participate send mail to IV coordinator.
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sunny1000
01-10 03:28 AM
Hi everyone,
Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
Good luck to all of you.
congrats! can you please post which service center approved it? Thanks.
Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
Good luck to all of you.
congrats! can you please post which service center approved it? Thanks.
more...
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Marphad
07-06 11:37 AM
Can you please let us know what gives you the right to call for a change the leadership?
Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
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eb3_nepa
04-25 11:47 AM
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
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NKR
04-02 08:26 AM
that might be your attitude. some people have a different opinion and dont like to bend over when circumstances try to screw them. If you pay for something and get a lemon you might be ok with living with it and moving on, saying its non-refundable. Many others dont share that view. They'll fight for a replacement, a fix, some solution to the problem.
If all you can do is bend over, then move on, you are wasting your time on IV.
Ouch, that got to hurt. Mr D.E.D. why are you inviting dard. why don't you just disco?.
If all you can do is bend over, then move on, you are wasting your time on IV.
Ouch, that got to hurt. Mr D.E.D. why are you inviting dard. why don't you just disco?.
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GMKrishna
07-06 12:06 PM
None of the organizations succeed without making people accountable for their actions or inactions. This is true in the case of IV as well. We are all individually accountable for the current state of affiairs at IV, either good or bad, and we must accept or atleast acknowledge that before looking for solutions.
Before going for big ticket items like leadership change, elections and other politics let us focus on what we can improve instantly or in the near future. We all know that in the immigration process, there are only few factors or variables we can control, and rest lies with employer or DHS or USCIS or U.S. Government. One thing we can control is how we can improve our actions so that our voices will be heard to those who can act on our behalf. The list includes legislators, senators, media and local immigration community based organizations.
As a first step, let us add 'ACTION ITEMS' tab on the menu of IV home page. This action items tab will have list of 'to-dos' by all members on a monthly basis. These simply include, say, in July-09, every member should send one fax to local legislator, or write a letter or e-mail to media organizations like CNN, Business Week etc. We may do the same thing with different but similar content based on how events un-fold on a monthly basis. Now, the leadership with the help of other volunteers should come up with monthly agenda, and provide tools like - format of letter, content etc. The other member should just have to follow.
I will conclude with a quote from Anthony Robbins (great leadership coach): "Your life will not change by reading or listening....your life will only change by action". Let us make every one accountable in this process.
Before going for big ticket items like leadership change, elections and other politics let us focus on what we can improve instantly or in the near future. We all know that in the immigration process, there are only few factors or variables we can control, and rest lies with employer or DHS or USCIS or U.S. Government. One thing we can control is how we can improve our actions so that our voices will be heard to those who can act on our behalf. The list includes legislators, senators, media and local immigration community based organizations.
As a first step, let us add 'ACTION ITEMS' tab on the menu of IV home page. This action items tab will have list of 'to-dos' by all members on a monthly basis. These simply include, say, in July-09, every member should send one fax to local legislator, or write a letter or e-mail to media organizations like CNN, Business Week etc. We may do the same thing with different but similar content based on how events un-fold on a monthly basis. Now, the leadership with the help of other volunteers should come up with monthly agenda, and provide tools like - format of letter, content etc. The other member should just have to follow.
I will conclude with a quote from Anthony Robbins (great leadership coach): "Your life will not change by reading or listening....your life will only change by action". Let us make every one accountable in this process.
more...
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Ravneetsingh
10-01 12:59 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
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micofrost
07-18 06:57 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.
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manish_jain99
09-10 04:46 PM
I won't be able to join the Rally in Washington but can contribute some money to the cause that binds us all.
prakashv44
01-07 12:17 PM
Just send your I-140 approved docs to the bank. I got the approval with my I-140 itself
mirage
08-28 09:35 PM
bump
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