drirshad
12-14 05:24 AM
Even if the date move to Sept 05 by last quater of 2010 how many application will they process.
The Oh Law Firm (http://www.immigration-law.com/Canada.html)
12/12/2009: Additional Information on State Department EB Visa Number for FY 2010 Predictions as to Timeline
* AILA reports that the State Department official discussed some of the EB visa number predictions in November before the January 2010 Visa Bulletin was released. The information is very much coincide with the Visa Bulletin. However, the information gives prediction of visa number progression timelines for various EB visa categories.
The timeline predictions appear to be:
o Worldwide EB-3: The cut-off date was predicted to start to move forward in January or February 2010.
o India EB-3: There were 58,000 applications pending for the FY 2010 and it predicted that numbers would move forward up to 5 weeks altogether for the entire FY 2010.
o India and China EB-2: State Department predicted that annual limits would reach no later than May 2010, but because of the anticipated otherwise unused 2nd preference visa numbers, the cut-off dates may progress to October-December 2005. It is a promising information which was not made available in the Visa Bulletin. But prediction is a prediction and people will have to wait and see.
* Considering the terrible EB-3 prediction for Indians, the EB-3 prediction for worldwide is considered more or less promising.
12/11/2009: Congressman Gutierrez of IL Announces His Schedule to Introduce CIR Bill on 12/15/2009
* The bill will be titled Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP). Please stay tuned.
The Oh Law Firm (http://www.immigration-law.com/Canada.html)
12/12/2009: Additional Information on State Department EB Visa Number for FY 2010 Predictions as to Timeline
* AILA reports that the State Department official discussed some of the EB visa number predictions in November before the January 2010 Visa Bulletin was released. The information is very much coincide with the Visa Bulletin. However, the information gives prediction of visa number progression timelines for various EB visa categories.
The timeline predictions appear to be:
o Worldwide EB-3: The cut-off date was predicted to start to move forward in January or February 2010.
o India EB-3: There were 58,000 applications pending for the FY 2010 and it predicted that numbers would move forward up to 5 weeks altogether for the entire FY 2010.
o India and China EB-2: State Department predicted that annual limits would reach no later than May 2010, but because of the anticipated otherwise unused 2nd preference visa numbers, the cut-off dates may progress to October-December 2005. It is a promising information which was not made available in the Visa Bulletin. But prediction is a prediction and people will have to wait and see.
* Considering the terrible EB-3 prediction for Indians, the EB-3 prediction for worldwide is considered more or less promising.
12/11/2009: Congressman Gutierrez of IL Announces His Schedule to Introduce CIR Bill on 12/15/2009
* The bill will be titled Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP). Please stay tuned.
wallpaper Kareena Kapoor
nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
TeddyKoochu
12-11 11:14 AM
There are so many who missed the July 07...
we should try to seek temporary relief..allowing to file for 485 even without PD veing current.
CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....
Second that! I hope something happens, is there any information as to when the pre-filing for I485 will be implemented.
we should try to seek temporary relief..allowing to file for 485 even without PD veing current.
CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....
Second that! I hope something happens, is there any information as to when the pre-filing for I485 will be implemented.
2011 wallpaper Kareena Kapoor
GCSeekerCT
03-04 07:30 PM
They can deny for whatever reason they think is risky. Banks are looking for reasons to NOT loan right now, as opposed to 2 years ago when everyone waling in were offered free money.
I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.
Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).
HTH
I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.
Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).
HTH
more...
jetflyer
02-24 08:29 AM
Your situation is similar to mine and I am sure lot more IVans are going thru the same.
I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.
Good Luck & hang in tight.
I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.
Good Luck & hang in tight.
needhelp!
03-12 12:42 PM
Please read the purpose of the organization.
Information exchange is only a by product and not the goal of IV.
With this model can IV still claim to be a non-profit organization? It seems you are exchanging information in return of cold hard cash? :p
Information exchange is only a by product and not the goal of IV.
With this model can IV still claim to be a non-profit organization? It seems you are exchanging information in return of cold hard cash? :p
more...
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
2010 Kareena Kapoor
Jimi_Hendrix
12-07 09:57 AM
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
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lonedesi
08-11 12:58 PM
Wondering how many members who answered in the poll that they are victims of slow processing actually got to participate and join in this campaign. People who mailed out letters & DHS Form 7001, please post so that we can motivate others to join this campaign.
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reddymjm
09-10 10:28 AM
Not quite true - this is done at 140 not 485
Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.
Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.
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mbawa2574
07-06 02:22 AM
[QUOTE=ronhira;462888]lahiribaba - you are my hero. this is the best idea yaar :D[/QUOTE
good thought
good thought
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eb3_nepa
07-05 11:51 AM
Pl create a webfax that I can send to my Senator or congresswoman. Or create a package that we can print and mail to the senators/reps.
Pappu bhai do something regarding this.
Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.
Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?
Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.
Pappu bhai do something regarding this.
Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.
Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?
Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.
more...
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tikka
07-20 10:35 AM
Contributed $100. Will do again. Thanks to IV for the job well done.
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
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gc_maine2
07-19 02:06 PM
Contributed $100 today, earlier contribution $50.
Order Details - Jul 19, 2007 2:28 PM EDT
Google Order #464374160968946
Order Details - Jul 19, 2007 2:28 PM EDT
Google Order #464374160968946
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pictures images Kareena Kapoor
ski_dude12
09-27 10:25 AM
One of my co-workers had similar situation. He had PD in 2001 on EB3.
He talked to his employer to port to EB2. Porting process/approval took about a year but after that it took only 2 months to get approval.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
He talked to his employer to port to EB2. Porting process/approval took about a year but after that it took only 2 months to get approval.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
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gk_2000
08-24 01:38 PM
I dont have any opinions on the main topic here - just wanted to chime in on this one...
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...
So this actually supports my point. There is no "loophole" to close.
I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself
Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...
So this actually supports my point. There is no "loophole" to close.
I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself
Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with
more...
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spicy_guy
09-01 01:13 PM
Landed in Feb 2000 ....
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
All Desi employers?
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
All Desi employers?
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angelfire76
07-20 03:19 PM
Kennedy, Clinton voted against this... I dont know what they are thinking..
What is the proportion of potential illegal vote base to the legal vote base? They are pandering to the Hispanic vote bank.
Like all, H1B increase was also involved in the killer. :(
Wrote a strong email protest to USINPAC for their failure in trying to lobby for passage of the bill. :mad:
What is the proportion of potential illegal vote base to the legal vote base? They are pandering to the Hispanic vote bank.
Like all, H1B increase was also involved in the killer. :(
Wrote a strong email protest to USINPAC for their failure in trying to lobby for passage of the bill. :mad:
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webm
03-17 07:44 PM
H1's are eligible to receive the stimulus package..I got confirmed the same from different people and analysts...
scorion
01-06 12:07 PM
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
Hi,
I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.
Thanks a lot in advanced
Hi,
I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.
Thanks a lot in advanced
diptam
07-06 10:50 AM
See - lets not fight within ourselves. We both have the same cause but expressing differently.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
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