Imm_Exploited
07-30 11:42 AM
USCIS - FAQ2 on I-485 Filing (http://www.uscis.gov/files/pressrelease/FAQ2.pdf) Could be of some Relief
rbhatia88
Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.
Here are some that could be directly related to your situation:
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.
Just ensure that you have proof of delivery of I-485 to the USCIS.
Sincerely - IE
rbhatia88
Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.
Here are some that could be directly related to your situation:
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.
Just ensure that you have proof of delivery of I-485 to the USCIS.
Sincerely - IE
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akhilmahajan
09-14 02:04 PM
Ppl dont deserve, its their right. If they understand the meaning of deserve, they would be in DC with families.
But we educated ppl still think we dont deserve.
I dont know when we will come out of our comfort zone.
Its very easy to find 1000 cowards but always hard to find 1 brave person.
I am sure all our educated brethern are BRAVE ppl, but i think hesitant to show it outside their comfort zone.
Go IV Go
It's on September 18th or Never.
But we educated ppl still think we dont deserve.
I dont know when we will come out of our comfort zone.
Its very easy to find 1000 cowards but always hard to find 1 brave person.
I am sure all our educated brethern are BRAVE ppl, but i think hesitant to show it outside their comfort zone.
Go IV Go
It's on September 18th or Never.
Libra
09-10 04:50 PM
thank you meandmygc please post your info on this thread someone will contact you. thanks.
http://immigrationvoice.org/forum/showthread.php?t=12441
http://immigrationvoice.org/forum/showthread.php?t=12441
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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?
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?
more...
pathiren
07-22 03:19 AM
I posted couple of posts, put down a database for everyone to enter their information and an interesting poll on our SoCal yahoo groups. Please join hands to make our voice louder. Here's the link again:
http://groups.yahoo.com/group/SC_Immigration_Voice/
http://groups.yahoo.com/group/SC_Immigration_Voice/
svr_76
09-15 11:23 AM
I guess gctest is right. He too can try and interfile...provided he is as zealous on his cause to get a GC. In the time a EB3 applicant works fulltime and gets a master's degree by doing part-time. GCTest (Who is either highly qualified by means of a MS degree or was generate experience letters of 5+ years), in EB2 category can work on PhD and get a NIW..and thus be a ble to interfile....Thats current. Or Maybe GCTest's logic is that he does not want to excell in his professional training(qualification) and life bcos by doing that he will be jumping from EB2 to EB1 and he does not want to do the unethical :-)
:)
:)
more...
Macaca
10-01 03:27 PM
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)
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mango_man
06-11 08:59 PM
ek dozen kitne mein girega mere bhai ?
how much for a dozen my friend...lol :D
If I buy mangoes from you, can you get me a green card ?
I am not selling mangoes. I am just asking you to eat it. I cant believe that you are so desperate to get green card that you will even buy mangoes to get it.
You guys need to have more sex. You will be a little less desperate in life.
how much for a dozen my friend...lol :D
If I buy mangoes from you, can you get me a green card ?
I am not selling mangoes. I am just asking you to eat it. I cant believe that you are so desperate to get green card that you will even buy mangoes to get it.
You guys need to have more sex. You will be a little less desperate in life.
more...
losthope
06-11 02:11 AM
http://www.socialsecurity.gov/pubs/10024.pdf
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ras
07-06 01:28 PM
We just need 20,000 active members to make a change, which is approx 10% of the total number of GC apps pending. At the most 2000 people are active.
If somebody can being in 20,000 active members to this forum, the change will happen.
I dont think all the 20,000 members need to be active every day or every week. What is that you are expecting them to be active every day. If we are not able to pull the crowd, it is not the inability of the crowd but the leadership. Crowd whether it is Indian or other is always like that. It is the effective leadership that makes the difference. For example if you take Martin Luther King, Gandhi or for that matter any leader, it is their speeches/actions that inspired people to involve in the movement not just the people came all by themselves.
If somebody can being in 20,000 active members to this forum, the change will happen.
I dont think all the 20,000 members need to be active every day or every week. What is that you are expecting them to be active every day. If we are not able to pull the crowd, it is not the inability of the crowd but the leadership. Crowd whether it is Indian or other is always like that. It is the effective leadership that makes the difference. For example if you take Martin Luther King, Gandhi or for that matter any leader, it is their speeches/actions that inspired people to involve in the movement not just the people came all by themselves.
more...
red200
12-11 04:47 PM
Folks,
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
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chanduv23
10-17 10:31 AM
pd_recap and nk2006 - thanks for the initiatives - we will keep improving this effort in every possible way.
Those who invoked AC21 - those who plan to invoke and those who do not plan to invoke must all work towards this. Who knows? A lot of people will be forced to invoke AC21 in future in this economy.
So please take this seriously.
Those who invoked AC21 - those who plan to invoke and those who do not plan to invoke must all work towards this. Who knows? A lot of people will be forced to invoke AC21 in future in this economy.
So please take this seriously.
more...
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hsd31
09-01 01:12 PM
Aug 2000: Came here on F1
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
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sracharla
09-04 10:59 AM
Hi,
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
more...
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485Mbe4001
11-09 05:03 PM
count me in, i am in Irvine, south of LA. If i can be of any help please let me know. I have already done the emailing part, most of the people i know are already members IV.
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mirage
08-04 12:18 PM
Since you don't know that EB-3 PD was Nov-2001 before it became unavailable it tells me that you are not EB-3 India.
I believe this thread is not for you please move on. Please don't disrupt something not meant for you and not going to harm you...
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
I believe this thread is not for you please move on. Please don't disrupt something not meant for you and not going to harm you...
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
more...
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Libra
09-11 02:30 PM
my count on this thread is 12950 so far....17050 more to go
Moderators,
How far are we from tally.
Also important is to get petition signatures for rally.
Moderators,
How far are we from tally.
Also important is to get petition signatures for rally.
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kaisersose
07-19 12:32 PM
Cases will be processed on RD only. However approval is based on PD.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
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akhilmahajan
10-22 11:32 AM
Dear Sir:
Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS). CISOMB is an independent office that assists individuals and employers in resolving problems with the U.S. Citizenship and Immigration Services (USCIS). The new CIS Ombudsman is Mr. Michael Dougherty.
Please understand that our office does not adjudicate petitions and/or applications for immigration benefits, but instead, where appropriate, we act as a liaison with USCIS to facilitate review of troubled or long pending case matters.
As you claim that you are experiencing problems with a pending USCIS immigration filing, we kindly request that you complete and submit a Form DHS-7001, CIS Ombudsman Case Problem Submission to us. A copy of the DHS-7001 is attached: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. At this time, case problems may not be submitted through facsimile or email due to confidentiality and Privacy Act issues, so we request that you please mail the completed and signed form, with relevant supporting documentation, to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Do allow 14 business days for our receipt of your form as our mail goes through a biological agent screening. Once we receive it, we will send you postal mail of receipt confirming same, and we will initiate review of your case problem. For further information, please consult this website: http://www.dhs.gov/cisombudsman.
Very truly yours,
CIS Ombudsman
Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS). CISOMB is an independent office that assists individuals and employers in resolving problems with the U.S. Citizenship and Immigration Services (USCIS). The new CIS Ombudsman is Mr. Michael Dougherty.
Please understand that our office does not adjudicate petitions and/or applications for immigration benefits, but instead, where appropriate, we act as a liaison with USCIS to facilitate review of troubled or long pending case matters.
As you claim that you are experiencing problems with a pending USCIS immigration filing, we kindly request that you complete and submit a Form DHS-7001, CIS Ombudsman Case Problem Submission to us. A copy of the DHS-7001 is attached: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. At this time, case problems may not be submitted through facsimile or email due to confidentiality and Privacy Act issues, so we request that you please mail the completed and signed form, with relevant supporting documentation, to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Do allow 14 business days for our receipt of your form as our mail goes through a biological agent screening. Once we receive it, we will send you postal mail of receipt confirming same, and we will initiate review of your case problem. For further information, please consult this website: http://www.dhs.gov/cisombudsman.
Very truly yours,
CIS Ombudsman
mayitbesoon
01-22 11:42 AM
does anyone know the timeframe of receipt date being processed for I-140 at TSC?
gondalguru
07-11 02:11 PM
EB2 India and EB2 China will have same cut off dates. I recall reading the USCIS explanation (in one of those AILA - USCIS conference) regarding distribution of unused EB2 ROW numbers and they mentioned that they have to keep EB2 I-C same till those catagories become current.
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