unseenguy
02-13 10:40 PM
So Mr Nathan, email me when you have contributed more than $500
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vagopinaath
12-27 04:06 PM
My attorney sent the application to TSC on Aug 14th. Now its with NSC with a receipt date of Oct 9th. Received EAD for my wife. But haven't received AP for either of us.
Not sure what's up with delays in APs.
Not sure what's up with delays in APs.
seahawks
04-25 09:22 AM
I agree, even though its a good idea, we need to be focussed and go with what is achievable. If we get side tracked, we may not get anything accomplished.
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sprajulu
09-10 04:42 PM
Friends
We need to write letters to USCIS directors and inform them about USICS senseless activities like issueing the G cards to latter PD's and not touching the older PD files
more and more letters should be send so that they will realize atleast for future visas. other wise older PD people won't get GC's for ever
We need to write letters to USCIS directors and inform them about USICS senseless activities like issueing the G cards to latter PD's and not touching the older PD files
more and more letters should be send so that they will realize atleast for future visas. other wise older PD people won't get GC's for ever
more...
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...)???
HRPRO
02-23 04:31 PM
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??
What is LUD
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??
What is LUD
more...
regacct
05-13 09:34 AM
Couple more days left on this phone campaign. Please flood the GOP senate offices with phone calls asking them to support the CIR framework.
They need to hear from us (the other side of the coin), to believe that there are people in their constituency that want these changes/reforms.....
They need to hear from us (the other side of the coin), to believe that there are people in their constituency that want these changes/reforms.....
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adhantari
07-06 10:56 AM
funding problem.... IV has around 450K in assets...........
more...
9years
11-16 08:10 AM
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.
Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.
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ind_game
05-19 10:33 AM
ANOTHER UPDATE
soft LUD on my second MTR for 05/18/2009
soft LUD on my I-485 for 05/18/2009
But the content remains the same:
as "Case received and pending" on my second MTR
as "Denial Notice Sent" on my I-485
soft LUD on my second MTR for 05/18/2009
soft LUD on my I-485 for 05/18/2009
But the content remains the same:
as "Case received and pending" on my second MTR
as "Denial Notice Sent" on my I-485
more...
belmontboy
02-08 07:40 PM
you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
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sukhwinderd
09-12 11:04 AM
Order Details - Sep 12, 2007 11:01 AM EDT
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just contributed $100 .. will try to attend rally.
Google Order #546380134380844
just contributed $100 .. will try to attend rally.
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ashutrip
06-22 11:18 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
what is your PD?
what is your PD?
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sands_14
09-29 10:22 AM
SO,can we all try to get the unused visas recaptured.If they can do that for nurses and physical therapists ,they can do that to decrease retrogression.I dont think they require senate approval.
Something is better than nothing.Lets push for recapture of unused visas.
Something is better than nothing.Lets push for recapture of unused visas.
more...
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Milind123
09-12 11:39 PM
Done
Changed the Equation
To Would be first time contributor,
Besides your other non-monetary contribution, IV needs your monetary contribution too.
People who havn't contributed, please take your first shot. Need just 2 people to contribute $100 each for now.
sam2006 and I will contribute $100 each. That makes $400 closer to the goal.
Changed the Equation
To Would be first time contributor,
Besides your other non-monetary contribution, IV needs your monetary contribution too.
People who havn't contributed, please take your first shot. Need just 2 people to contribute $100 each for now.
sam2006 and I will contribute $100 each. That makes $400 closer to the goal.
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omega
04-26 04:41 PM
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
more...
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black_logs
03-16 11:07 AM
It's our bad luck that Legal and illegal immigration are bundled together in 1 bill.
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Humhongekamyab
02-18 05:33 PM
i had run these numbers a while back. for sure EB2 will reach the end of 2005 this year. i just hope its done systematically so that they clear everybody with an EB2 2005 PD this year.
I have a different question. My PD is Dec 2005 but my 485 was filed in August 2005. Do you think they will approve (or work) on my 485 once my PD is current or will they wait for the US CIS processing time to move to August 2008 (which I don't think for India will happen anytime soon).
I have a different question. My PD is Dec 2005 but my 485 was filed in August 2005. Do you think they will approve (or work) on my 485 once my PD is current or will they wait for the US CIS processing time to move to August 2008 (which I don't think for India will happen anytime soon).
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bindas74
10-17 12:57 PM
Hi,
I know you said Email is ok. Just trying to confirm.( because it's easy to send )
Thanks
I know you said Email is ok. Just trying to confirm.( because it's easy to send )
Thanks
kumhyd2
07-13 03:48 PM
Administrators,
Can you start a thread to decide about the meeting places for the state / city chapters so that members can gather and discuss.
This is more effective in addition to the postings on the forum.
You can selectively decide some meeting places for each state /city chapter
Post it for voting
Finalize the meeting schedules (like weekly meeting/monthly meeting)
Make it a regular event so that postings / thoughts can culminate into actions.
Can you start a thread to decide about the meeting places for the state / city chapters so that members can gather and discuss.
This is more effective in addition to the postings on the forum.
You can selectively decide some meeting places for each state /city chapter
Post it for voting
Finalize the meeting schedules (like weekly meeting/monthly meeting)
Make it a regular event so that postings / thoughts can culminate into actions.
immm
07-19 02:07 PM
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
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