indio0617
03-09 11:31 AM
So they'll probably take out schedule A workers(Nurses etc.) from EB3 category
I am assuming that will be the end result. It means they will not be counted against any VISA CAP.
I am assuming that will be the end result. It means they will not be counted against any VISA CAP.
eb3_nepa
07-05 10:35 AM
Hello everyone,
This is what I have done today. Called up BOTH my Senators and My local Congressperson. First asked them the name of the Person in-charge of immigration. Then Faxed him/her a ONE page description of what has happened and Urged them to take action.
Please do the same with your local Lawmakers. I believe that if Enough people call and fax them, they WILL do something eventually. It's a NUMBERS GAME and only if enough people contact them will they budge.
Please contact your lawmakers with a Nicely typed letter explaining your current situation and what the USCIS has done.
This is what I have done today. Called up BOTH my Senators and My local Congressperson. First asked them the name of the Person in-charge of immigration. Then Faxed him/her a ONE page description of what has happened and Urged them to take action.
Please do the same with your local Lawmakers. I believe that if Enough people call and fax them, they WILL do something eventually. It's a NUMBERS GAME and only if enough people contact them will they budge.
Please contact your lawmakers with a Nicely typed letter explaining your current situation and what the USCIS has done.
Bogdan
06-02 04:26 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
hazishak
07-19 01:33 PM
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June,2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June,2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
more...
bidhanc
03-11 10:51 AM
I guess it's not a VERY GOOD IDEA THEN.
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
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."
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
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."
deshbhakt
09-11 04:57 PM
Why is everybody so freaking out? arent they going to release new visas for FY 2009 in October? My assumption is November's bulletin will take care of the cut off dates based on those visa numbers.
Please correct me if my thinking is incorrect.
Please correct me if my thinking is incorrect.
more...
thomachan72
06-04 01:13 PM
why not ? 140 and 485 can be filed at same time if dates become current.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
vikki76
07-18 12:06 PM
Hmm..didn't see any email for this action alert/Funding drive. I thought all IV action alerts were sent out as e-mails.
Franklin,can you please forward this to our Northern Calif chapter?
Franklin,can you please forward this to our Northern Calif chapter?
more...
trailblazer
07-21 03:45 PM
Joined IV recently. i am in Ventura county
gg10004
03-17 11:38 PM
Just a question. Why would you file jointly if your wife doesn't work (i.e. doesn't have SSN)?
--- if you really meant to ask---
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
--- if you really meant to ask---
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
more...
trueguy
03-03 11:11 AM
Not much movement.
EB2-I : 15 August 2004
Eb3-I : Either U or 15 Jan 2002.
Thank's
MDix
I agree. EB3-I would go U for rest of the year.
EB2-I : 15 August 2004
Eb3-I : Either U or 15 Jan 2002.
Thank's
MDix
I agree. EB3-I would go U for rest of the year.
LC2002
01-10 01:22 PM
Mine was with PD Nov 2002 Non-RIR, still waiting for 45 day letter.:mad:
My colleages who filed in DEC 2002 got 45 day letter. :confused:
My colleages who filed in DEC 2002 got 45 day letter. :confused:
more...
john2255
07-21 08:02 AM
How many of you called senators office.
radhay
04-17 01:59 PM
I have closed on two mortgage loans recently and found that Loan Underwriters don't understand EAD/ AOS applications. For my original loan with Pulte Mortgage I explained them that AOS is a period authroized stay by Attorney General until Green card is approved. When they still didn't understand I had to bump my down payment to 20% which apparently puts less resrtictions (By Fannie Mae guidelines).
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
more...
needhelp!
03-12 03:25 PM
I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
pd052009
08-13 10:32 AM
I think more than 90% of companies in service industries have more than 50% emps in H1/L1. The fees may be indirectly passed to the employees in terms of cut in salary or cut in profit sharing.
Anyone knows whether there is any fee increase for premium processing?
Anyone knows whether there is any fee increase for premium processing?
more...
singhsa3
07-20 04:03 PM
The numbers are assumptions and NOT facts. Most of these numbers have actually been pulled from other places or based on some rationale (for example 750,000 from Matthew Oh site, 5 minutes/EAD based on what need to be done to print out a card and pack in an envelop)
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?
How about outsourcing it?
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?
How about outsourcing it?
CADude
07-05 12:46 PM
I used AILA site to send the mail. May be some one else provide the email info. Thanks
It would be helpful if you few addresses for senators so that everyone can send letters right away.
It would be helpful if you few addresses for senators so that everyone can send letters right away.
nixstor
04-30 02:57 PM
Tony Edson, Charlie Oppenheim's boss explaining the process of how the PD's are moved in VB. Says CIS uses 90% of the EB visa numbers. Says their job in last quarter becomes tough because of unpredictability and talks about the 95% utilization rate of visa numbers with in DOS
bsbawa10
09-10 12:23 PM
One thing I fail to understand, instead of flower compaign why do not we go in for letter compaign. Write letter to DOS and USCIS with copies to members of the congress highlighting all their inefficiencies and inconsistencies. USCIS does not deserve flowers for what it has done to us and what it is doing to us. Do you get flowers and info pass appointment ? Does customer service speak nicely to you and give you right answers ? Do you give flowers to anybody who mistreats you in real life ? I know Munbai ...has impressed a lot but that was a movie. Have you ever realized what would have happened, had it not been a movie ? Things would not have moved at all.
pani_6
12-16 11:06 AM
we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side
Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..
time for some action now..
Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..
time for some action now..
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