mrdelhiite
06-23 08:33 AM
i saw 2 approvals ( on 06/22) in for people who applied in feb starting ... just a fyi
-M
-M
gc_chahiye
07-20 06:37 PM
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
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.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
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.
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
eb3july2003
04-17 07:55 AM
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
more...
ak_2006
06-10 02:13 PM
Can you post the link of the official announcement, thanks in advance
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
panini
07-06 02:10 PM
OMG!!! Dude, you are the first one who said something like that and got away with it!!!!
IV core leadership has to change and so is the stratergy. Current Lobbying efforts have clearly not worked out. I call for elections to elect the new core team. All these conference calls and inaction is just wastage of time and things are getting worse. We need an aggressive stratergy and may need to take names and hit people openly to get our agenda pushed. IV leadership clearly lacks these skills.
IV core leadership has to change and so is the stratergy. Current Lobbying efforts have clearly not worked out. I call for elections to elect the new core team. All these conference calls and inaction is just wastage of time and things are getting worse. We need an aggressive stratergy and may need to take names and hit people openly to get our agenda pushed. IV leadership clearly lacks these skills.
more...
Marphad
07-07 09:45 AM
Actually i think you guys have misconstrued Teli's comment, he didn't make that quote himself, he just quoted what one of the ugliest Anti Indian said to us on his blog today
Life of an I.T. Grunt (http://itgrunt.com/)
BTW TunnelRats blog was pulled off from the servers for his shit langauge against Indians;)
He is now using an offshored server!
This site I T Gru.. has all non-sense. Most of the hatred it has, are not associated to real facts and statistics.
Life of an I.T. Grunt (http://itgrunt.com/)
BTW TunnelRats blog was pulled off from the servers for his shit langauge against Indians;)
He is now using an offshored server!
This site I T Gru.. has all non-sense. Most of the hatred it has, are not associated to real facts and statistics.
sujijag
07-19 01:16 PM
count me in too..:), I live in Orange County
more...
nsrao01
06-29 02:07 PM
Guys,
I am also one of you guys; applied in APR'07 and still waiting for my approval; what do you think guys what dates they are processsing:
Aany inputs would be great help.
Thank you
Rao
PD: APR'07
I am also one of you guys; applied in APR'07 and still waiting for my approval; what do you think guys what dates they are processsing:
Aany inputs would be great help.
Thank you
Rao
PD: APR'07
jonty_11
07-24 02:52 PM
I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
makes no sense.....
EB3 India setp 2006 wasnt even current in Jun 2007....
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
makes no sense.....
EB3 India setp 2006 wasnt even current in Jun 2007....
more...
mallu
03-31 11:42 PM
Alright Guys, Let's ignore this Dard-e-disco guy he doesn't deserve a second of our time. To answer your question, one thing atleast USCIS can give us is, Release data like How many applications they have already received from Major Green Card Seeking countries and in which EB categories. All this data they would have entered in their computers, They can easily run these kind of reports, I'm sure they'll be having some Data Warehousing softwares. So atleast everybody of know where we stand today and stop predicting cut-off dates etc. etc.
They can also make sure they send our APs and EADs in less than 90 days....
As Ron Gotcher observed, they are still using DOS ( not department of state ! ) programs .
They can also make sure they send our APs and EADs in less than 90 days....
As Ron Gotcher observed, they are still using DOS ( not department of state ! ) programs .
JazzByTheBay
03-12 04:05 PM
Is more or less what I've been vouching for in the past.
You pay the dues, you get benefits.
Just like any other organization, since charitable donations are not enough to sustain an organization where the end-goal isn't really charity, imho.
As far as code and prod is concerned, IV itself is not PROD as an organization just yet. We're a loosely-knit community of folks who want to work towards a common goal for out own benefit.
If 25,000 or whatever number we're at pay/contribute/donate (whatever you want to call it) 20/50/100 $/year for "membership", we'll have a better shot at going "PROD", sustaining the infrastructure and the spirit.. and perhaps achieve our goals, imo again. :)
jazz
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
You pay the dues, you get benefits.
Just like any other organization, since charitable donations are not enough to sustain an organization where the end-goal isn't really charity, imho.
As far as code and prod is concerned, IV itself is not PROD as an organization just yet. We're a loosely-knit community of folks who want to work towards a common goal for out own benefit.
If 25,000 or whatever number we're at pay/contribute/donate (whatever you want to call it) 20/50/100 $/year for "membership", we'll have a better shot at going "PROD", sustaining the infrastructure and the spirit.. and perhaps achieve our goals, imo again. :)
jazz
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
more...
delhiguy
07-06 01:35 PM
Generally they give this update on last week of every month.
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
May be because they are not expecting to enter the July applications in the system (or just uptill July 2)
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
May be because they are not expecting to enter the July applications in the system (or just uptill July 2)
waitin_toolong
07-30 04:37 PM
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
Maybe he needs to go higher sometimes these officers dont understand that I-94 is all that counts. they might need some intervention to explain things you might also need to check the rules on the relevant DMV websites and quote thoses.
States have a lot of discretion when it comes to rules they frame with regards to DL's
Any one in NC have any suggestions?
Maybe he needs to go higher sometimes these officers dont understand that I-94 is all that counts. they might need some intervention to explain things you might also need to check the rules on the relevant DMV websites and quote thoses.
States have a lot of discretion when it comes to rules they frame with regards to DL's
more...
conundrum
09-10 11:48 AM
Same here - Masters from US, with PD 2006....Stilllllllllllllllll waiting!!!!!
I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.
This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.
All in all - it's a black hole...only your 'karma' can get you out of it:)
Check my signature! I have a MS and PhD from here... be thankfully you are so far ahead with your processing!
I can understand your frustration, but try to empathize with guys who have PD before you and are stuck in this lousy system.
I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.
This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.
All in all - it's a black hole...only your 'karma' can get you out of it:)
Check my signature! I have a MS and PhD from here... be thankfully you are so far ahead with your processing!
I can understand your frustration, but try to empathize with guys who have PD before you and are stuck in this lousy system.
knnmbd
04-25 08:38 PM
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
I love the clause # 3 "This should be applicable only for H1 and not for any other visa categories".
You probably are not aware but "big Indian consulting" firms are not the largest contributors to the U.S economy that this stand will fly. IT is being outsourced faster than a New York minute, so please don't live in a state of ignorance. When you say "This should be applicable only for H1 and not for any other visa categories", this will exclude PhD�s and post-docs and engineers who spend any where from 2 to 6 years on F1 visas before they even get to work on H1 visas. You probably are not aware but 40% of doctorate degrees are awarded to foreign nationals in the U.S and your proposed amendments would put "employees of big consulting firms" from India ahead all those folks I mentioned earlier. For some reason this is a very difficult concept to digest.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
I love the clause # 3 "This should be applicable only for H1 and not for any other visa categories".
You probably are not aware but "big Indian consulting" firms are not the largest contributors to the U.S economy that this stand will fly. IT is being outsourced faster than a New York minute, so please don't live in a state of ignorance. When you say "This should be applicable only for H1 and not for any other visa categories", this will exclude PhD�s and post-docs and engineers who spend any where from 2 to 6 years on F1 visas before they even get to work on H1 visas. You probably are not aware but 40% of doctorate degrees are awarded to foreign nationals in the U.S and your proposed amendments would put "employees of big consulting firms" from India ahead all those folks I mentioned earlier. For some reason this is a very difficult concept to digest.
more...
sameold
09-12 10:18 AM
Hi Milind,
Just made my first contribution of $100
Order Details - Sep 12, 2007 09:39 GMT-05:00
Google Order #251501666030083
Thank you Milind for stepping up and motivating people
Just made my first contribution of $100
Order Details - Sep 12, 2007 09:39 GMT-05:00
Google Order #251501666030083
Thank you Milind for stepping up and motivating people
chanduv23
11-20 04:57 PM
If you really think then there is a 'conflict of interest' between an applicant and an attorney. If you looks at this way, attorneys do get paid for filling of H1B extensions. isn't it? I do not say that attorneys are bad and do this on purpose, but think about all possibilities. It really depends on individual. Thoughts? :(
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
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
billu
08-05 01:40 PM
hi! i am a physical therapist on h1b...all this news abt retrogression is too scary...i had a few qs:
what is the scenario for someone like me who would file I-140 in the next couple of months?
what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
thanks
what is the scenario for someone like me who would file I-140 in the next couple of months?
what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
thanks
akgind
09-14 05:19 PM
This might be true in your case but not with every body else
That is exactly the point. How can you then argue that all PD porting is unethical, period?
That is exactly the point. How can you then argue that all PD porting is unethical, period?
manand24
08-10 12:33 PM
No checks cashed for us yet.. check my signature for details..
No checks cashed, no receipts yet.:confused:
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
No checks cashed, no receipts yet.:confused:
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
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