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?
srikondoji
08-02 04:06 PM
Thats a mess forced onto themselves. However, iam feeling happy and lucky about it. The hardships of USCIS employees started off from mid june and will never end just because of mess & mass miss-communication between the agencies.
Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?
Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?
mallu
10-01 01:54 PM
Instead of wasting visa numbers , they should allocate to those who cleared namecheck and all other processing. Agreed, this might allow a person who started PERM in 2007 to get gc in hand in 2007 itself compared to a person with PD 2001 EB2 , applied I-485 in 2003 and stuck in name check. But it is better than wasting the visa numbers.
oliTwist
08-12 03:09 PM
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
more...
qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
GCard_Dream
07-06 05:31 PM
Can someone explain what "Temporary Restrain Order" would do if it were successful. It sounds to me that the lawsuit is asking the court to temporarily invalidate the July visa bulletin so that USCIS will be forced to accept the applications. Is this a reasonable understanding? Any lawyers here?
more...
stldude
08-07 01:08 PM
What's the source of of this information... Is this u'r guess or from any other source ???
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
Jimi_Hendrix
08-09 10:01 AM
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. Legal immigrants pay taxes at higher rates due to their immigration status. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period, legal immigrants cannot change employers and/or job title. Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. The resulting frustration causes many of these immigrants to search work in other countries where immigration laws are favorable to legal immigration and skills are in demand.
Of late due to the education campaign launched by Immigration Voice (a 5,000 member strong group representing highly skilled, legal immigrants); some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must decide now.
Best Regards,
JH
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. Legal immigrants pay taxes at higher rates due to their immigration status. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period, legal immigrants cannot change employers and/or job title. Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. The resulting frustration causes many of these immigrants to search work in other countries where immigration laws are favorable to legal immigration and skills are in demand.
Of late due to the education campaign launched by Immigration Voice (a 5,000 member strong group representing highly skilled, legal immigrants); some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must decide now.
Best Regards,
JH
more...
carbon
07-20 03:27 PM
I thought Grassley is against skilled immigration!
He voted Yea!
He voted Yea!
golferpete
07-01 02:14 AM
My case is certifed as of today
PD Nov 2004
RIR
Will be filing asap
PD Nov 2004
RIR
Will be filing asap
more...
santb1975
05-26 11:23 PM
:confused:
glub
07-18 07:39 PM
Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
more...
Openarms
03-13 04:43 PM
Can IV admin add new column for case approved/waiting on the header of each members profiles. I wonder why they did not put it.. is there any reason??
AllVNeedGcPc
10-21 09:32 PM
... for example:
Step 1: File EB2 Perm labor (6-10 months)
Step 2: File 140 (2 days to 4 months)
:
And when should you interfile / port your EB3 date? Should you do it when you apply for 140 or should you do it after 140 approval when you apply for 485?
Thanks in advance
Step 1: File EB2 Perm labor (6-10 months)
Step 2: File 140 (2 days to 4 months)
:
And when should you interfile / port your EB3 date? Should you do it when you apply for 140 or should you do it after 140 approval when you apply for 485?
Thanks in advance
more...
vkannan
03-07 01:23 AM
Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....
sidbee
08-15 11:49 AM
If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:
dost,
who told u, that the PD progresses linearly with time ,
I am also 2007 PD , and if there is no change i am sure we are not gonna see a GC in 10-20 years.
dost,
who told u, that the PD progresses linearly with time ,
I am also 2007 PD , and if there is no change i am sure we are not gonna see a GC in 10-20 years.
more...
Green.Tech
06-20 12:36 PM
Any Happy Friday contributors?:)
jhokimi
05-23 03:12 PM
LCA filed in DC on 04/28/2004. 45-day letter received last Friday from Philadelphia BC.
Tshelar
06-24 12:55 PM
Hasn't this been discussed already?
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.
reachag
12-18 02:30 PM
# nycgal369, Senior Member like you coming up with this idea...hmmm..
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
chanduv23
11-20 08:54 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
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