Sunday, June 19, 2011

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  • coolvigo
    07-11 10:12 AM
    I am hoping this is not a typo from the mumbai consulate and USCIS visa bulletin will reflect the same.

    My priority date is April 06. Does this mean that there is a chance for me to get the GC now?

    How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?

    And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?


    I have the same fear....so I want to see this on USCIS website before I start enjoying the mood! But if it is true.....I am very very happy !




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  • akred
    03-30 06:17 PM
    Last I knew every H1 is a non-resident alien.

    Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.

    If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.




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  • pankajkakkar
    08-08 12:08 PM
    I sent you one in a PM a few minutes ago.

    Pankaj




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  • mpadapa
    06-11 12:04 PM
    This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)

    Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.




    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    ........



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  • mrdelhiite
    06-21 10:58 AM
    no update filed Feb 23rd .. EB3 still pending :(
    -M




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  • himu73
    09-10 01:49 PM
    contributed 100$. All the best for the rally



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  • Milind123
    09-12 12:13 AM
    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.

    Note: The following was added at 9:06 EST on 09/12/2007

    OR

    For every $100 one time contribution by first time contributors I will match $25.00




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  • manderson
    09-18 08:52 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.



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  • Keeme
    03-06 05:57 PM
    To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
    a) LUDs
    b) Name Check 180 days rule
    c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....

    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.




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  • snathan
    05-15 07:30 PM
    Ok - any ideas how we can ask? What fee waiver are we asking for?

    We need to understand if there is a system in place for fee waiver?

    To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.

    Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.

    I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.

    thats why we need innovative ideas to deal with this.

    Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.

    When its purely their mistake..why do we need to pay for the MTR. I am asking the fee waiver for the same. If they are not giving, we need to fight it in the court.



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  • anilsal
    07-28 11:03 PM
    There are many folks who have their GC process going on since 2001, 2002 etc. This BEC thing was a bane for many people and many of them squeezed past it and got approvals (2004 EB3 etc).

    So nothing is fair in the immigration process. Suck the frustration and start involving yourself in IV activities. Start by becoming a contributing member (and updating your signature with it). If you do not have the courage to do it, then do not start new threads.




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  • vkannan
    02-23 01:42 PM
    people,

    i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

    --shark

    Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......

    One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??



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  • vgayalu
    06-01 10:01 AM
    Hi Guys,
    How it sounds ,If we give top most lazy award to Philly- BEC center from IV side.




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  • gumpena
    08-02 05:11 PM
    Nebraska has issued only 2800 receipts for today...



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  • gc_on_demand
    04-30 04:00 PM
    I have the Real video recording for the last 23:45 minutes of the session...
    Let me know if someone wants it... its about 6MB in size...

    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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  • Lacris
    08-12 12:53 AM
    one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years

    What BEC? BECs were established in March 2005.



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  • Green.Tech
    06-18 04:31 PM
    No one but you need to work for yourself in this GC mess.




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  • Milind123
    09-13 03:50 PM
    Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
    Details of my $100 contribution are in my signature.

    To people who still have their finger on the trigger,

    Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
    But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
    Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?

    On a more serious note we still required $10,000 before Sept 18th.




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  • GCBy3000
    08-02 04:01 PM
    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?


    Ooops, i missed this in my original post. This is true for Nebraska service centre.
    I am not sure about the other service centre. Sorry dudes.




    lonedesi
    08-11 03:31 PM
    Hey,
    Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?

    Because the Link for 7001 doesn't talk about sending a separate cover letter.

    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Thanks,
    Diptam

    Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.




    bigboy007
    06-02 07:53 PM
    Hey Canadian Dream:

    I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.

    I might agree with your conclusion of start date, but Now coming to to cases :

    Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.

    An approved petition may server as basis for issuance of an immigrant visa.

    and for all people who are still in Labor stage will preserve their priority date.

    Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.

    I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
    ===========================

    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.



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