hpandey
06-12 04:23 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
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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.
qualified_trash
08-09 02:51 PM
just one correction:
Legal immigrants pay taxes at higher rates due to their immigration status
I do not think the above is true.
Legal immigrants pay taxes at higher rates due to their immigration status
I do not think the above is true.
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gc78
07-15 01:18 PM
Just sent $25 via BoA - Conf#7YF49-5GB9R
Total contribution to date - $225
Total contribution to date - $225
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forgerator
09-27 10:21 PM
I think the longest wait I have ever seen is of my friend who entered the US in 1992. He did his Bachelors, then did some work on OPT, then did his Masters, then did some work on OPT, then tried to do PhD but couldnt finish it in , got a fulltime offer, worked on H1 then on extensions and finally got laid off in 2008 before his 485 could be filed. He had enough of it and finally said goodbye to US and left :) So that's 16yrs!
swo
07-20 06:47 PM
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
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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.
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addsf345
11-17 02:23 PM
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
more...
Libra
09-10 03:32 PM
thanks raminmd and miy_maqbool for your contributions.
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dpp
07-06 01:27 PM
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
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soarin3655
08-05 09:49 AM
LoneDesi:
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
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Sachin_Stock
08-23 10:24 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
more...
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mpadapa
08-13 05:05 PM
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
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reedandbamboo
09-11 10:07 PM
Every visa bulletin there is some information of the coming months processing that needs to be interpreted. The Oct 08 bulletin talks about the following:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
Correct me if I'm wrong, BUT it was not until 2005 that the backlogs started to appear (owing to introduction of PERM?). What the hell have they been doing from 2005 until now?!!! WHY don't they still have a friggin' clue as to the number of cases in their system?
DAMN SLACKERS I SAY!!
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
Correct me if I'm wrong, BUT it was not until 2005 that the backlogs started to appear (owing to introduction of PERM?). What the hell have they been doing from 2005 until now?!!! WHY don't they still have a friggin' clue as to the number of cases in their system?
DAMN SLACKERS I SAY!!
more...
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mrdelhiite
06-22 06:28 PM
The employer can establish an account for an attorney or other agent at http://www.plc.doleta.gov. It's unique PERM cases filed by that employer.
hmm maybe they should hire some Indians to do there software design ... :-) jk :p
-M
hmm maybe they should hire some Indians to do there software design ... :-) jk :p
-M
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tinkugadu
09-06 02:04 PM
Filed my labor July 12 and just got the approval. Category is EB-3 . It is from the atlanta center
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vdlrao
06-11 07:25 AM
anyone wants to guess as to when EB3(I) will reach 2003 Dec. I know it is long long time away but it has to reach that date some time in the future.
Dont worry good days ahead. I am presuming that at some point of time in the next two to three years all the EB categories will be cleared off with no backlogs.
Dont worry good days ahead. I am presuming that at some point of time in the next two to three years all the EB categories will be cleared off with no backlogs.
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amitjoey
05-07 01:28 PM
i called 3 senators so far,
they r not sharing the senators stand but they are saying we understand this and we will pass on your message.
thay did not note anything. they did not ask name & other details also.
am i doing correct or am i missing anything?
You are doing everything right.
they r not sharing the senators stand but they are saying we understand this and we will pass on your message.
thay did not note anything. they did not ask name & other details also.
am i doing correct or am i missing anything?
You are doing everything right.
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obviously
09-14 05:33 PM
Looks like some people will need to get their PhD awards 'overturned'!
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
GOTGC
07-24 03:09 PM
makes no sense.....
EB3 India setp 2006 wasnt even current in Jun 2007....
Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..
Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..
EB3 India setp 2006 wasnt even current in Jun 2007....
Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..
Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..
nk2
07-16 09:24 AM
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