black_logs
01-11 11:39 AM
1 point we should make to the lawmakers is to make an administraive change to give 3 years extensions and abolish 1 year extensions. As 1 year extensions are not suffecient a very solid case can be presented for that case.
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
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Milind123
09-13 08:59 AM
Yesterday I contributed $300 and I hope I do better than that today, but I need help from all those people who have never contributed. So please pull the trigger. I am only one contribution (of $100) away from a first time contributor. As soon as I get that I will post my contribution. As soon as I do that sam2006 is going to make his contribution of $100.
Gravitation
09-29 02:13 AM
Nah... not mad at all. It's just my twisted sense of humor... I'm happily resigned to my fate;)
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needhelp!
09-11 10:25 AM
amit1234
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ajay
03-22 12:23 AM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
neverbefore
09-13 05:57 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.
I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.
I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.
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h1techSlave
04-17 07:58 PM
After I have submitted the 485 receipt, my loan guy went to a meeting. I will hear back from him in a couple of days.
485 does mean some thing to them. But they seem to avoid that so that they can charge more interest rate.
Right now, there is huge demand for loans. So they are bringing in many artificial road blocks to increase interest rates.
H4+ I-485 pending still is a valid status. Now what rules they have regarding approving the loan to someone who is not working (because of H4 status) is something I am unaware of and not immigration related, I guess.
But if you are going to send them a copy of your I-485 application, that should mean SOMETHING in their eyes.
Do let us know how it goes. It will also be helpful to others in your situation. Good luck!
485 does mean some thing to them. But they seem to avoid that so that they can charge more interest rate.
Right now, there is huge demand for loans. So they are bringing in many artificial road blocks to increase interest rates.
H4+ I-485 pending still is a valid status. Now what rules they have regarding approving the loan to someone who is not working (because of H4 status) is something I am unaware of and not immigration related, I guess.
But if you are going to send them a copy of your I-485 application, that should mean SOMETHING in their eyes.
Do let us know how it goes. It will also be helpful to others in your situation. Good luck!
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amits
07-18 02:05 PM
Yesterday I contributed $500 one time.
Today I have scheduled $50 per month as well.
I agree with those who say IV should start taking a Membership Fee. Even a token amount of membership fee like $10 per month would make a huge difference.
Core team, request you to please consider this suggestion very seriously.
Thanks!
Today I have scheduled $50 per month as well.
I agree with those who say IV should start taking a Membership Fee. Even a token amount of membership fee like $10 per month would make a huge difference.
Core team, request you to please consider this suggestion very seriously.
Thanks!
more...
komaragiri
08-07 12:20 PM
hi all,
USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
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ganesh babu
02-15 11:55 PM
hi i have come to the u.s. on a f2 visa and currently my spouse is doing her OPT.i applied for a driving licence in georgia and i was issued a learners permit based on my I94,visa and letter from social security office denying me a ssn.
i went to the same centre(decatur) for a road test and now they say that we cannot give you a licence because your visa says dependent for a student of wisconsin university,so you should go to wisconsin and get your licence.i went to another dmv centre and after verifying my docs. they let me take the road test and i cleared the test and they asked me to go to the counter to pay money , at that time the person in the counter again asked me for passpoert and i94 and he saw that university of wisconsin stuff on my visa and he said he will not issue a licence and i spoke to the supervisor and he says get a letter from INS ,i showed him my spouse opt card and showed him the words in the card which reads"eligible to work in u.s. upto ----").now he says that is your spouse opt card ,what autorisation do you have to stay in GA ?
has any one come across such a problem?is so kindly advice
i went to the same centre(decatur) for a road test and now they say that we cannot give you a licence because your visa says dependent for a student of wisconsin university,so you should go to wisconsin and get your licence.i went to another dmv centre and after verifying my docs. they let me take the road test and i cleared the test and they asked me to go to the counter to pay money , at that time the person in the counter again asked me for passpoert and i94 and he saw that university of wisconsin stuff on my visa and he said he will not issue a licence and i spoke to the supervisor and he says get a letter from INS ,i showed him my spouse opt card and showed him the words in the card which reads"eligible to work in u.s. upto ----").now he says that is your spouse opt card ,what autorisation do you have to stay in GA ?
has any one come across such a problem?is so kindly advice
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nyte_crawler
04-25 11:41 AM
What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
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pappu
09-13 06:08 PM
Is there any media organization left to be notified? :)
contact all major TV channels and newspapers.... (phone /email)
contact all major TV channels and newspapers.... (phone /email)
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ita
08-25 08:13 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
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Sachin_Stock
08-23 06:58 PM
Well explained.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Thats why I asked earlier whether this memo has anything radically different then what already exists? Nope.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Thats why I asked earlier whether this memo has anything radically different then what already exists? Nope.
more...
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gc_wow
03-12 11:57 AM
roughly I have donated close to $300-$400 for IV,i dosent matter if it says donor or member what ever as long as you are contributing something to iV.Ieven donated 25 for foia.
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GCBy3000
07-23 05:21 PM
What will happen to IV in next few months if every one gets GC? Will there be a Pappu / waldenpond / whoever? I am seeing today lots of people getting GC. I am happy for them.
Assume one day there are no backlogs and no country quota limit. What will be IVs agenda? I want to be active member of IV even after getting my GC helping the future immigrants. At least I say that now :)
Assume one day there are no backlogs and no country quota limit. What will be IVs agenda? I want to be active member of IV even after getting my GC helping the future immigrants. At least I say that now :)
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desi485
11-20 06:01 PM
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
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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."
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hebron
10-28 02:37 PM
Thanks guys for posting your experiences.
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
apet2007
03-10 11:18 PM
You must be a permanent resident to open or own an S-Corp. An LLC is the best way to go and if you are not engaged in actual sale of goods, you can register this LLC in Nevada and pay no corporate taxes. I've done it. All income then passes through your own filing. Have a CPA and I strongly recommend you do this. Registering a NV LLC only costs $195 annually. Go to incorpservices.com and it will walk you through.
jonty_11
07-06 01:05 PM
He is a excellent lawyer it seems , may be i'll hire him ...
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
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