nk2006
07-06 01:10 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
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texanguy
09-10 10:43 AM
you still have till end of this month...
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
sunny1000
07-06 06:24 PM
And how does it not apply to AOS.
For Consular processing people have to plan trips and get medical and all that.
Why doesnt the same analogy apply to AOS. - Please explain...:confused:
The difference is that AOS is handled by USCIS and the CP is done by DOS. It is the USCIS which ran out of the 60000 visas (supposedly) before July 1st even though DOS opened those numbers up for the entire July.
Now, DOS is saying to USCIS " you guys used your quota even before the rush started and so, we won't give you any more visa numbers but, we will continue to honor our quota via CP which we accounted for July". Just my interpretation. Don't shoot the messenger ;)
For Consular processing people have to plan trips and get medical and all that.
Why doesnt the same analogy apply to AOS. - Please explain...:confused:
The difference is that AOS is handled by USCIS and the CP is done by DOS. It is the USCIS which ran out of the 60000 visas (supposedly) before July 1st even though DOS opened those numbers up for the entire July.
Now, DOS is saying to USCIS " you guys used your quota even before the rush started and so, we won't give you any more visa numbers but, we will continue to honor our quota via CP which we accounted for July". Just my interpretation. Don't shoot the messenger ;)
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eb3retro
07-11 11:53 AM
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
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ajaykk
01-09 02:48 PM
Guys anyone pls provide me the fax number or tell me where I can find it to expedite the process. Appreciate it.
Thanks
AJ
Thanks
AJ
GCBy3000
06-01 05:26 PM
Until the CIR becomes law, you can still file LC and 140. So do not assume anything.
Once your labor is cleared, you can get one year extn. If possible, try to file that one year extn before this becomes a law. Still this may not solve the issue other than postponing the issue.
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
Once your labor is cleared, you can get one year extn. If possible, try to file that one year extn before this becomes a law. Still this may not solve the issue other than postponing the issue.
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
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chanduv23
09-12 01:35 PM
I dont mind getting Red Dots, But please, for god's sake. Stop doing this fruitless campaign. Do you guys think Giving a Clock or sending flowers solved earlier problems. Enough of this Gandhiian ways. This country is not good for people like Gandhi. May be Flower campaign got noticed and created a whole new experience for the USCIS, but i dont think it really helped them do anything in our favor. Already, folks here are wasting their money, year after year, on their EADs and APs for them and their family. Just think for a second guys, It costs us 1000 $ to maintain status on AOS and visit our family and this is going on indefinitely for our years now. USCIS/Congress does not want to do anything about this, They are happy to get the revenue. Even if you think a minimum of 200,000 people spending 1000 $ an year, it is 200,000,000 $. Iam not even considering the amount they spent on other things like H1B extension, H4s..... Just think about the Dollars they are making on this Green Card SCAM. Accept it or not, it is indirectly affecting our lives, even though, GC is not really important for lot of folks. Iam one such person, I have a good client and a decent employer and iam with the same folks for 9 years and they are happy extending my H1b at their cost. But still, this whole GC game, is sometimes disturbing. They are playing with our emotions and our loved ones. So, GUYS we need to take a bigger and bolder step. To me, Calling people, sending flowers and letters explaining the situation makes no sense. Do you think, those guys dont really know about our situation. Let us a make a bold move. We are 70,000 folks just here in ImmigrationVoice. Let us compile a letter,that pushes USCIS/Congress on improving the condition. As long as they get those EXTRA Dollars, i dont think anything is going to happen. Even if they remove the provision to apply for GC while on H1B, it is good for us, for we will know that in advance and can plan on shaping our future better, instead of this false promise and emotional torture. I think even AILA or other Lawyers are useless. They dont want to do anything for us. All they do is, interpret the LAW , and explain us in the way we can understand. They dont take steps to fight for the justice. All they care is the money. So let us make our point clear to USCIS, we dont want to waste money on EADs and APs and H1B extensions. To me, it should be free of cost, since it is their problem that they dont work efficiently. Why should we pay 1000s of dollars for their inefficiency. let us all 70,000 work together in sending a letter to USCIS or Congress that We are not willing to spend any more money on the GC knowing that we are not going to get it anyway. Unless, we do something like this, the real impact of our situation will never get noticed. Again, our main aim should be to let them know about our situation and not just that IV is a group that will send flowers, to express its presence.
To do what you suggest, we have to organize ourselves first. Opening threads and debating and then burying them deep does not help. If we have 30K IV members + 40 K families and friends 70K letters will definitely make a difference.
Thats why I say, lets organize ourselves - andthe first step is to "pledge commitment for the cause" followed by coming out of anonymity - followed by actively participating in grassroots efforts by working through state chapters
To do what you suggest, we have to organize ourselves first. Opening threads and debating and then burying them deep does not help. If we have 30K IV members + 40 K families and friends 70K letters will definitely make a difference.
Thats why I say, lets organize ourselves - andthe first step is to "pledge commitment for the cause" followed by coming out of anonymity - followed by actively participating in grassroots efforts by working through state chapters
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vandanaverdia
09-12 01:18 AM
Great initiative... Hope some people come forth & contribute.
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mariusp
04-14 07:05 AM
Nope and I just filed for my first exension.
but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
That just sounds ridiculous... what does your driver's license have to do with your H1B extension?
It's true that the length of your H1 extension determines the validity of your DL i.e. if you get an extension until 2010 the DMV will only issue a DL valid till 2010, but the opposite is not true, unless we're living in the Twilight Zone.
but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
That just sounds ridiculous... what does your driver's license have to do with your H1B extension?
It's true that the length of your H1 extension determines the validity of your DL i.e. if you get an extension until 2010 the DMV will only issue a DL valid till 2010, but the opposite is not true, unless we're living in the Twilight Zone.
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vparam
09-30 11:14 AM
This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
yes, you should be able to jump as many organization as you like...
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
yes, you should be able to jump as many organization as you like...
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amitjoey
07-19 01:41 PM
I just contributed $100 in addition to my previous contributions. I posted the details on another thread.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
I agree, lots of people questioned IV and promised to contribute if they saw any results. Now what is their excuse?.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
I agree, lots of people questioned IV and promised to contribute if they saw any results. Now what is their excuse?.
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skillet
06-18 01:06 PM
No.. They are not auditing..
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9years
10-22 08:03 AM
our attorney did not port yet. He will (if not automatically ported ) now. I am not sure how one should do, we will port after I-140 approval. I-140 approval time, I am not sure 2 days - 4 months. In my case it took 2 days (premium processing).
Hope it helps.
Thank you.
Hope it helps.
Thank you.
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Milind123
09-12 10:03 PM
Looks like you will soon cross My 350 Contribution ;)
I pledge 100$ more once Milind123 crosses 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
Can you please make that "equals" from "crosses". :D (I am sorry written too much code in my life)
I pledge 100$ more once Milind123 crosses 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
Can you please make that "equals" from "crosses". :D (I am sorry written too much code in my life)
more...
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Milind123
09-14 07:56 PM
Lets have a quick penultimate round. New contributors have, so far, not let us down. They have stepped forward in each and every round and made it a success. They have taken the most difficult step; contribute for the first time. I know, I was there once. Kudos to them.
In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.
These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.
We just need three people who have never contributed before.
In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.
These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.
We just need three people who have never contributed before.
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HopeSprings
12-16 02:35 PM
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
more...
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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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sanjaymk
07-20 03:56 PM
Why can't we have a fax campaign like NumbersUSA and fax the respective senators.
I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.
Thanks,
Sanjay.
I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.
Thanks,
Sanjay.
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black_logs
01-06 02:31 PM
I thought they were doing jun'2002. If things goes this way. We're day dreaming of Green Card
kinvin
05-08 03:25 PM
Does anyone know about how much time the Labor department takes to approve a case under TR after the recruitment formalities are done by the employer.
trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
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