gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
wallpaper Jessica Alba hits the red
austingc
04-28 01:58 PM
Hi
I just applied for a mortgage from BOA. The loan officer did not recognize what AOS was and asked me for an H1B - which has expired.
I explained about AOS and EAD and told her I could give the I-485 receipt, and she took in my application.
But I'm worried that my loan will be denied after underwriting - my closing is on 5/26 and I probably will not hear from the bank until second week of may.
Does anyone know of Banks in MA that give loans to EAD?
Chandana
I am going to close with BOA next week. They do know what is AOS means. I provided them my EAD copy and I-94 thats it.
I just applied for a mortgage from BOA. The loan officer did not recognize what AOS was and asked me for an H1B - which has expired.
I explained about AOS and EAD and told her I could give the I-485 receipt, and she took in my application.
But I'm worried that my loan will be denied after underwriting - my closing is on 5/26 and I probably will not hear from the bank until second week of may.
Does anyone know of Banks in MA that give loans to EAD?
Chandana
I am going to close with BOA next week. They do know what is AOS means. I provided them my EAD copy and I-94 thats it.
makemygc
09-14 06:57 PM
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.
2011 Jessica Alba walked the red
gc_on_demand
03-09 11:32 AM
For Eb2 india and china dates will be like this in April 2009 bulletin.
Eb2 India : Feb 2005
China : Feb 2006
May 2009 bulletin
Eb2 India : May 2005
China : May 2006
June 2009 bulletin
Eb2 India : Sep 2005
China : Sep 2006
July 2009 bulletin
Eb2 India : Feb 2006
China : Feb 2007
August 2009 bulletin
Eb2 India : May 2007
China : May 2008
Eb2 India : Feb 2005
China : Feb 2006
May 2009 bulletin
Eb2 India : May 2005
China : May 2006
June 2009 bulletin
Eb2 India : Sep 2005
China : Sep 2006
July 2009 bulletin
Eb2 India : Feb 2006
China : Feb 2007
August 2009 bulletin
Eb2 India : May 2007
China : May 2008
more...
jonty_11
07-06 01:09 PM
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month
ok this is from Oh's website..pelase always quote source.
ok this is from Oh's website..pelase always quote source.
needhelp!
05-28 11:10 AM
Seems like there are so many threads about EAD renewals right now, are we going to be content with renewing EADs for the next 5,6,8 years? While there are no restrictions on discussing individual issues, lets not lose sight of the real cause of our group.
Contribute so that IV can assign more resources to work on fixing this whole mess!
Contribute so that IV can assign more resources to work on fixing this whole mess!
more...
mohitb272
09-13 04:09 PM
You guys are awesome and it is because of people like you that I feel confident that the rally will be a SUCCESS! Alas, I wont be there since my FP date is the same. But I assure you that my contribution will not end here.
Best of luck guys!
Best of luck guys!
2010 Kate Hudson, Jessica Alba
jaihind
07-18 01:05 PM
I just upgraded my monthly from 20 to 50 and also convinced 5 more aspirants to join and contribut 20 or 50 per month.
Let us all join hands and show our strength !!!
Let us all join hands and show our strength !!!
more...
immihelp1
09-10 08:33 PM
A small contribution of $100 for a massive effort by IV
Google Order #818571812645058
Google Order #818571812645058
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h1techSlave
07-15 11:46 AM
I am sending two High Fives - one from me and another from my wife.
more...
eeezzz
04-02 02:44 PM
That�s right, no name calling and no country name calling. D.R.D owes us an apology.
D.R.D ??
D.R.D ??
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sajidmd
07-14 02:32 PM
Immigration Voice
$ 10.00 07/18/2008 7YB4Y-4Z9FV
$ 10.00 07/18/2008 7YB4Y-4Z9FV
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franklin
07-23 06:44 PM
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
Original poster has corrected the dates, however, as you can see, certain categories were retrogressed long before Oct 05
http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
Original poster has corrected the dates, however, as you can see, certain categories were retrogressed long before Oct 05
http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
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wellwisher02
04-01 08:46 AM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act professionallly as all other IV members do. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against USCIS. Will you be brave enough (if not foolhardy enough) to reproduce whatever you said here in a letter and send it out to the USCIS? Trust me, you'll not since you'd act politely and professionally to make out your case. We expect you to act with decorum when you discuss pertinent issues in IV forum.
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act professionallly as all other IV members do. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against USCIS. Will you be brave enough (if not foolhardy enough) to reproduce whatever you said here in a letter and send it out to the USCIS? Trust me, you'll not since you'd act politely and professionally to make out your case. We expect you to act with decorum when you discuss pertinent issues in IV forum.
more...
pictures Jessica Alba: AMA#39;s Red Carpet
amits
07-23 11:37 PM
Superb! I am going to try this in my company...
dresses Mom to be Jessica Alba,
pcs
07-05 03:13 PM
Keep it up !!!!!!!!
more...
makeup Didn#39;t Jessica Alba recently
villamonte6100
03-31 01:43 PM
"This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school..."
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
girlfriend Evangeline Lilly, Jessica Alba
hopefullegalimmigrant
01-03 01:49 PM
It sure is taking a long time. Even after the holidays are past nothing seems to be moving for us. Just hope and pray things move soon.
hairstyles Real Life/Red Carpet: Jessica
AabTuAgaGC
01-23 02:47 PM
Finally got approval e-mail today after 180 bloody torturing days.:mad: Just in time for my travel on Feb 2nd. Still don't know if I will receive it before that.
Just to let you guys know, those of you who have passed their 3 months processing time limit, do make an infopass appointment. I did the same,got LUD in 3 days and approval in a week. Good luck to everyone who is waiting.
Just to let you guys know, those of you who have passed their 3 months processing time limit, do make an infopass appointment. I did the same,got LUD in 3 days and approval in a week. Good luck to everyone who is waiting.
immi_twinges
07-20 04:13 PM
I think its the right time to get in touch with the USINPAC. Not only USINPAC but all communities who ever have pacts with US government should start getting involved.
"United we stand divided we fall"
"United we stand divided we fall"
geevikram
12-11 05:39 PM
Guys,
You all want something from IV and will contribute only if that something is being pursued. I would look at it other way, IV has no money on its own, so if you do not contribute there is very little IV can do for you. so first contribute and then let us have a discussion on what needs to be done.
-V
You all want something from IV and will contribute only if that something is being pursued. I would look at it other way, IV has no money on its own, so if you do not contribute there is very little IV can do for you. so first contribute and then let us have a discussion on what needs to be done.
-V
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