Napoleon
03-11 01:25 AM
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."
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
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."
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
Aah_GC
04-30 03:51 PM
I wonder how these guys can engage in a discussion without knowing the basics. WTF??????
irock
09-11 05:12 PM
I'm in.
shekhar10c
07-06 11:30 AM
I think u r right. We shouldn't think abt our future in this country and nor abt the people who were in backlog as we r the one's who suffered the most.Y we have to suffer because of mis-communication between DOS n USCIS.If they will be taking our reaction in negative way let them. If they want to revive CIR(Legal immigration-point system) , let them do. If they do, the same as British did , let them. Let see our present, don't worry about future.If they think to throw us back to our home country ,the right they have , let them do. But i just want to say is that- if they made an inquiry over this issue,not only they'll hold all backlog cases that r approved now but also they will stop issuing new visa numbers till this is resolved-result -delaying the process more. It will definetely take time. The thing is atleast backlog is cleared now, so the process will move smoothly.But anyway lets fight for injustice done to us.Lets don't wait for oct opening.We want now!!!
For last 2 weeks of June , we worked hard and delivered our application on 2nd july. Lets Do IT GUYS!!!!!:)
EB-3;PD-March'2004
My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.
We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.
Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.
Please pull your swords to fight the injustice rather than fight with each other.
PEACE!
For last 2 weeks of June , we worked hard and delivered our application on 2nd july. Lets Do IT GUYS!!!!!:)
EB-3;PD-March'2004
My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.
We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.
Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.
Please pull your swords to fight the injustice rather than fight with each other.
PEACE!
more...
gccube
07-19 03:29 PM
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.
apb
09-12 02:37 PM
This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
This is great thinking and wonderful initiative. It is a lesson how we all can be creative and help others motivate. It reminds of a story. There were two teams US and Japanese. They each were divided into two groups each and made to stand facing each other. There was a imaginary line drawn and the goal of each team is to convince their team members on the other side of the line to cross over. US Team were never able to convince their team members to cross over and move to other side.
Japanese simply said to their team members on other side.. If you cross over we will also cross over.. and they won. As simple as it may sound here is a classic example shown by Milind. You rock Milind.
And you make me feel proud in being associated with you in this struggle for our cause.
I am also in the drive for funds with my indifferent colleagues. See you in DC.
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
This is great thinking and wonderful initiative. It is a lesson how we all can be creative and help others motivate. It reminds of a story. There were two teams US and Japanese. They each were divided into two groups each and made to stand facing each other. There was a imaginary line drawn and the goal of each team is to convince their team members on the other side of the line to cross over. US Team were never able to convince their team members to cross over and move to other side.
Japanese simply said to their team members on other side.. If you cross over we will also cross over.. and they won. As simple as it may sound here is a classic example shown by Milind. You rock Milind.
And you make me feel proud in being associated with you in this struggle for our cause.
I am also in the drive for funds with my indifferent colleagues. See you in DC.
more...
baleraosreedhar
09-12 02:48 PM
Instead of sending Pen,clock and flowers on 1 day , for a big impact lets send it for continously for 5 days starting on Sept 29 monday and ending on Oct 3 friday.
This way atleast Main Stream media will hear our woes and help in getting the message to the right parties.
This way atleast Main Stream media will hear our woes and help in getting the message to the right parties.
lp2007
09-16 02:16 AM
Just made a one time contribution of $100
Order Details - Sep 15, 2007 23:30 GMT-07:00
Google Order #412727833594707
Unfortunately I cannot be at DC, but Thank You all for the efforts.
Order Details - Sep 15, 2007 23:30 GMT-07:00
Google Order #412727833594707
Unfortunately I cannot be at DC, but Thank You all for the efforts.
more...
gc_on_demand
06-10 10:00 AM
There is a chance of EB1 & EB2 ROW spillover :D
US bulletin is out too:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.
Dont dream .. Out of 140k it can be max 10-20k unused nos. Will it be useful for half million applications ???
US bulletin is out too:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.
Dont dream .. Out of 140k it can be max 10-20k unused nos. Will it be useful for half million applications ???
ashutrip
06-22 10:40 AM
Any update/news from atalanta....god bad or ugly?
more...
sparky_jones
03-04 12:29 PM
My application is filed with Texas Service Centre.
That's interesting. This is the first TSC case of pre-adjudication activity for EB3-I with PD similar to yours that I have noticed in the forums.
That's interesting. This is the first TSC case of pre-adjudication activity for EB3-I with PD similar to yours that I have noticed in the forums.
plassey
07-20 10:19 PM
I was just wondering. What if it is true?. Can we do something about it?
I guess the person who created this thread didn't anything else to do on this world. I don't how did he/she come with number. What a waste of time.
I guess the person who created this thread didn't anything else to do on this world. I don't how did he/she come with number. What a waste of time.
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diptam
08-13 02:09 PM
lonedesi,
Any word this ?
As i posted earlier i've scheduled a teleconference today morning with my HR Head and wanted complete explanation why they aren't releasing 7001. The general HR staff didn't release 7001 for last 8 days.
The HR Head is more diplomatic guy - he said i'll sign and give you 7001 immediately but if any problem happens because of challenging USCIS via Ombudsman , he doesn't know. Basically he is resorting to "Scare Tactics" or the "Fear Mongering" that we saw in the Billary's 3 AM ad of political campaign.
How what do i do Lonedesi - Shall i go ahead and ask him for 7001 and tell him that i don't care because this is a absolutely legal and right step to question USCIS if they are not following FIFO ??
Any word this ?
As i posted earlier i've scheduled a teleconference today morning with my HR Head and wanted complete explanation why they aren't releasing 7001. The general HR staff didn't release 7001 for last 8 days.
The HR Head is more diplomatic guy - he said i'll sign and give you 7001 immediately but if any problem happens because of challenging USCIS via Ombudsman , he doesn't know. Basically he is resorting to "Scare Tactics" or the "Fear Mongering" that we saw in the Billary's 3 AM ad of political campaign.
How what do i do Lonedesi - Shall i go ahead and ask him for 7001 and tell him that i don't care because this is a absolutely legal and right step to question USCIS if they are not following FIFO ??
akgind
07-13 06:40 PM
I think it is time to write to Senators and Congressmen about the DREAM Act. Please see the post below that the Act is being re-introduced. It is under the thread "Alert from AILA for Dream Act Support". We should make sure that it is appplied to all children, including documented. As it last stood in CIR, the DREAM Act applied to only undocumented children.
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
more...
texanguy
09-10 05:23 PM
What this means, is that the december visa bulletin is the correct time to expect a major jump on the priority date. since the leftover visas (EB1 & EB2) from other countries for the first quarter will be used for the oversubscribed countries.
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
H1B-GC
02-07 09:25 AM
sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
more...
pcs
04-25 01:18 PM
I am for it ( without diluting our present progress).
In fact it is the real date which makes sense & also provides relief to all H1-B new or old. New guys can peacefully change their jobs till their PD becomes current & do not get screwed by employers
In fact it is the real date which makes sense & also provides relief to all H1-B new or old. New guys can peacefully change their jobs till their PD becomes current & do not get screwed by employers
h1b_forever
09-01 08:41 AM
Landed on H1b in 1998, still stuck in the muck
vandanaverdia
09-10 12:47 PM
I was able to convince a friend, who has been a green card holder for the past 5-6 years & never suffered the green card retrogression, to support us & contribute to our cause. Made a one time payment of 100$ through paypal.
Very thankful to my friend for having understood our problems & supporting without a flinch!!!!
I am sure we have many such friends & I am sure we can take some time to convince them to support our cause...
GO IV!!!!
Very thankful to my friend for having understood our problems & supporting without a flinch!!!!
I am sure we have many such friends & I am sure we can take some time to convince them to support our cause...
GO IV!!!!
immi2006
05-04 10:26 AM
He would have brought DOL work culture to your work place, who knows you might have incurred loss :-)
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
smuggymba
08-23 09:22 AM
link from Kate123. Please comment: Looks like this is for Exceptional ability only and not for Advanced Degree
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
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