Canadian_Dream
06-02 01:56 PM
You are not really screwed if (a big if) somehow you get a chance to file for I-485.
PS: I am not supporting the bill and I hate it as much as you do.
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
PS: I am not supporting the bill and I hate it as much as you do.
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
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bidhanc
03-10 05:42 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.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
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.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
sandiboy
08-13 05:47 PM
congrats.
This is the first receipt i am noticing for an application received on July 2nd at 7:55AM and signed by R. Williams.
All other recipts so far were either received at 9 AM or 10:25 Am or so (july 2nd, 3rd, 5th etc) but none of them were at 7:55 AM.
Please see my last post couple of pages back. I also filed on Jul 2nd 7:55AM
This is the first receipt i am noticing for an application received on July 2nd at 7:55AM and signed by R. Williams.
All other recipts so far were either received at 9 AM or 10:25 Am or so (july 2nd, 3rd, 5th etc) but none of them were at 7:55 AM.
Please see my last post couple of pages back. I also filed on Jul 2nd 7:55AM
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amitjoey
01-04 04:58 PM
I see that a lot of us feel really stuck because of the long GC process and yet we continue to wait. Eventually we all want to have:
1. Freedom to switch jobs
2. Freedom to start businesses
3. Freedom to travel
4. Freedom to have spouse working
I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?
For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?
For me: Wait another 5-7 years, in the meantime yes, considering taking on positions with significant travel to India (where I am from). Investing and paying for building a home/apartment.
1. Freedom to switch jobs
2. Freedom to start businesses
3. Freedom to travel
4. Freedom to have spouse working
I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?
For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?
For me: Wait another 5-7 years, in the meantime yes, considering taking on positions with significant travel to India (where I am from). Investing and paying for building a home/apartment.
more...
monkeyman
01-04 12:19 PM
I filed for my wife's AP on Oct 12th and TSC and received the AP on Nov 1. Applied for UK transit visa on Nov 8 and received that on Nov 14th.
chi_shark
03-06 02:14 PM
There is no need for people to call USCIS. The PD date movement is based on demand. Even for a worst case scenario, USCIS should use 3300 visas for EB3-I. By Aug 2009, if they have only used 1000 visas, then DOS will move the PD for EB3-I by a couple of months.
Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.
I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.
did m c not know about nostradamous? jk
Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.
I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.
did m c not know about nostradamous? jk
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qplearn
12-18 06:02 PM
You may want to get in touch with core members if you have questions. They are very prompt in answering questions.Such posts will only create roadblocks to the momentum created on the forum by some of our members. It is time to help rather than ask. We have seen in the lameduck session how close we came to getting the bill passed. If IV was not there, even this much was not possible. We give thousands of dollars to our lawyers, can't we simply give 20 dollars to IV without asking questions and believing in this cause?
I don't give any money without asking questions. Sorry, I am just that way. And I am guessing most people are like that. I have given money in the past, however, and have contributed in many other ways as well.
Oh, and rather than acting as a roadblock, it will actually help the process.
I don't give any money without asking questions. Sorry, I am just that way. And I am guessing most people are like that. I have given money in the past, however, and have contributed in many other ways as well.
Oh, and rather than acting as a roadblock, it will actually help the process.
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Libra
09-29 12:04 PM
only option is they can hire some people to process application on temp basis.
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
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leoindiano
04-30 03:12 PM
Stupid king doesnt understand the diff. between this limit and H1 limit.
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p1234
09-14 05:47 PM
Dost.. tum to bade hi budhu ho.... dawa karao apne dimag ki.... ya ho sakta hai ki tum EB3 ho.
Needless to say.. u are not very intelligent.
I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.
Don't put EB3 down, you call yourself a doctorate and yet keep farting around.
Needless to say.. u are not very intelligent.
I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.
Don't put EB3 down, you call yourself a doctorate and yet keep farting around.
more...
billu
02-27 07:30 PM
is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......
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m306m
03-18 09:31 AM
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
more...
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priti8888
07-19 12:45 AM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)
dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)
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selvaela
07-16 09:34 AM
Hi,
Donated 10 dollar. Here are my details.( DCU allows me to release the payment only on 7/21. Sorry about that.
Confirmation No: 7YHSG-0JVVC
Donated 10 dollar. Here are my details.( DCU allows me to release the payment only on 7/21. Sorry about that.
Confirmation No: 7YHSG-0JVVC
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bigboy007
06-03 06:52 PM
Yep thats true , as of now all this shouldnt stop one from filing 140/485 what ever it is , we are only trying to interpret to the best of our knowledge in current format. For ex. if you remember labor substitution bill was introduced in Last year 2006 and every one was eager and curious about it but it was only enacted in July 2007. Similarly i 100% believe they will give some time to switch and in case it would be good enough buffer. If you think u can file dont even think of rest , right what is law is what should it be.
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willwin
06-10 10:30 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. 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.
F. 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."
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. 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.
F. 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."
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asanghi
04-30 02:26 PM
The link got working again, but nothing is happening as of yet.
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hsd31
09-01 01:33 PM
kalinga_sena case seems to be the worst.
Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.
Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.
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subujee
09-09 07:53 PM
EVen though I was stuck in labor certification for 5 years and was able to file for my last stages before the mess, still I feel other folks in this immigration community should not be stressed like me . So, even though I can't make it to the immigration rally, I am contributed $100 rightaway and will try to convince my other colleagues on the same boat to contribute.
ramus
07-18 09:33 PM
Very well said... I hope at least 50 % of member think like you do.. Then we will have strong IV..
I started off with a one time contribution many months ago, and then signed up for $20 monthly contributions.
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
I started off with a one time contribution many months ago, and then signed up for $20 monthly contributions.
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
test101
07-05 01:44 PM
I just Spoke to sentor Specter office: 202-224-4254. They were very supportive. I spoke about the revised Visa bulltien and the effect of losing nurses. They were very sympathatic . I added i know how the sentor support immigration.
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
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