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  • Mouns
    04-30 03:26 PM
    Due to 9/11?
    Do you understand the frustration among people who want to make this work and who want to defend the system?

    In other way, what good is there to follow the law while illegals have it easier?

    Great question!


    --- Answer

    yes we understand (sure...). Two kinds of backlogs:
    1) Processing backlogs, due to the surge and other issues. We try to provide services timely, we understand our responsibility (no info as to what is being done and how this will change in the future)

    2) Limitations due to law: (PDs). Demands is greater than the visa numbers (China, India, Mexico, Philipine: You are screwed here!) => 20 years or more of waiting.




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  • gctest
    09-15 11:30 AM
    keep supporting EB3 porting .. you wil then get your GC in 7 years

    If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.

    I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.

    I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.

    Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.

    Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p

    Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:

    YOu never know what rules will change in future. :confused:




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  • ArkBird
    09-01 03:27 PM
    - Came to US in 1997.
    - Had Labor + 140 approved in Dec, 99.
    - tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
    - Found out they have only one customer
    - Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
    - "Startup" went under in 2002.
    - Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)

    Cheers

    ArkBird




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  • DSJ
    07-06 01:15 PM
    Forgot in a hurry, it is updated now

    ok this is from Oh's website..pelase always quote source.



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  • anju
    07-19 05:30 PM
    I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?

    I am on the same boat. But I don't know the answer! Guys please help.




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  • willwin
    06-11 12:29 PM
    Bump...waiting for a HERO.

    Become one.



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  • bala50
    04-30 04:03 PM
    Very true, I was close to throwing up when i heard certain comments , so I would suggest please dont eat and watch this at the same time.


    can you please upload somewhere so people like me who missed this show can see it. Lawer RON mentioned this morning that it will upset stomach. If want to be sick then see such a show.. I dont care if I become sick let me watch for fun.. A comedy show...




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  • indio0617
    03-09 10:39 AM
    Sure...



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  • instantinstinct
    09-11 11:13 PM
    This might be just a way from DOS to USCIS to say bring their house in order... do not advance dates until you know the what the accurate demand is.....

    just my thoughts...

    -----------

    Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

    Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined.
    -----------




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  • desigirl
    05-06 08:00 AM
    I have asked a few of my friends to call the list too. And I did another round of calling Tier 1 republicans only. It was pretty much the same response as the last time. I think that is their standard way of answering, - to sit on the fence.

    Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)



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  • pappu
    10-02 07:37 PM
    IV was able to get an op-ed published today
    http://immigrationvoice.org/forum/showthread.php?p=27239#post27239

    by Pankaj Kakkar.
    We have an opportunity to get more op-eds published. If other members would like to write op-eds they can submit on this forum and PM me their contact details.




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  • Jimi_Hendrix
    11-16 02:33 PM
    Let us keep working.



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  • 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?




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  • kshitijnt
    06-26 12:15 AM
    .

    BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)

    So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.



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  • Kodi
    06-04 01:38 PM
    company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...

    Thanks Pappu. I will check with my lawyer before we file.




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  • needhelp!
    05-28 11:10 AM
    Seems like there are so many threads about EAD renewals right now, are we going to be content with renewing EADs for the next 5,6,8 years? While there are no restrictions on discussing individual issues, lets not lose sight of the real cause of our group.
    Contribute so that IV can assign more resources to work on fixing this whole mess!



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  • satishku_2000
    07-05 05:21 PM
    In which state you are? Did you call your senators , if yes please put the name of state and senators name here..so I can match with my list and tell you that whether I called them or not.
    Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)




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  • pappu
    06-10 11:28 AM
    snhn
    what is a DWI?thanks.

    Drunk With ImmigrationVoice. :D




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  • chanduv23
    11-17 03:07 PM
    Chandu, did you get a chance to read this thread on RG's forums?

    http://immigration-information.com/forums/showthread.php?t=6461

    so atleast we can say that there is a different opinion exists among attorney's too, than one of that RK's.

    As mentioned in some of the above posts,

    1. PPL mentioned successful renewal of EAD while MTR was filed.
    2. PPL reported been able to continue working while 485 was in appeal due to invocation of 140 by previous employer after 180 days of 485.

    So, I am sure there is something that is mis-guiding us here. As suggested above, Do you think if sending an email to CIS ombudsman as an individual would help? or can we do it under IV's banner if that is more effective? Suggestions?

    desi - I am not sure how we do that but I personally think if we ask such a thing we are letting USCIS send us denial notice even though they must not send it.




    vparam
    09-14 03:51 AM
    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:




    bsbawa10
    02-07 02:52 PM
    First of all I am really sorry for all this happening to you. Unfortunately, this is happening more and more since the anti-dowry laws have been made which are so ridiculous. Females get the credit of being innocence from our society even if they are not. All they need to do is be 1. somewhat beautiful, 2. sob in society and 3. be young and everybody on the earth thinks that they are "poor , innocent girl" ..even if they are perfect culprits.



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