munnu77
03-09 10:39 AM
indio0617...thank you for the updates...thank u very miuch
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arc
03-01 06:05 PM
Or have hit midlife crisis? Now suddenly after reading all this I feel like giving up too... take whatever I have saved, put in the bank in our homeland and live on interest if I get 8% interest I will be happy, do charity work if possible start a business or just retire...no work... Stare at the Wall :)
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pointlesswait
02-27 12:04 PM
i just hope it moves by 1-2 months...so at that rate..we can be certain that they know what they are doing.
somebody should sue USCIS for transperancy!
somebody should sue USCIS for transperancy!
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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...
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newbee7
07-05 12:16 PM
We must try to aviod the I485/ EAD language though.
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rcahk
04-11 08:12 PM
I forgot to mention that mine is an RIR. I guess that makes all the difference. Hang in there, nothing lasts for ever !!!
more...
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qualified_trash
08-09 02:51 PM
just one correction:
Legal immigrants pay taxes at higher rates due to their immigration status
I do not think the above is true.
Legal immigrants pay taxes at higher rates due to their immigration status
I do not think the above is true.
anime boy drawing. anime boy eyes. Anime Boy
cbadari99
06-24 09:40 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.
America is not bothered about losing outstanding researchers.
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.
America is not bothered about losing outstanding researchers.
more...
anime boy drawing. HOLY SHIT, that a guy
sagis99
08-08 10:33 AM
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
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GayatriS
01-08 06:40 PM
what is this "professor-ji" all about?
are you his student or relative? y r u getting personal about a conversation.
I didn't leave my respect and humility behind in India when I came here as obviously you did!
are you his student or relative? y r u getting personal about a conversation.
I didn't leave my respect and humility behind in India when I came here as obviously you did!
more...
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manishs7
07-20 04:13 PM
i Will vote for his (MCcain) great great grandson when I get citizenship (and if I am alive)
Well this message should go out to immigrant American voters ..
Let's expose their real face...
Well this message should go out to immigrant American voters ..
Let's expose their real face...
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indianabacklog
07-28 10:32 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
more...
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skd
04-14 10:53 AM
That is why I wanted to know
anime boy drawing. how to draw anime boy eyes.
ags123
02-18 07:11 PM
I am hoping they just dont tie EB2 I and Eb2 C at 15th Feb 2005 in April 2009.
Previously we have seen bulletins where Eb2 I and Eb2 C have tied up at 1Apr2004.
I dont know how many iterations it will take before it reaches the RIR/PERM boundary(1 Apr 2005)
Previously we have seen bulletins where Eb2 I and Eb2 C have tied up at 1Apr2004.
I dont know how many iterations it will take before it reaches the RIR/PERM boundary(1 Apr 2005)
more...
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skv
06-20 10:53 AM
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
Well said Arnab. :-) I wish you good luck.
Well said Arnab. :-) I wish you good luck.
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jsb
09-10 08:55 AM
The greatness of USCIS is unbelievable!!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
Question is, can something be done about it? - USCIS not following any order !!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
Question is, can something be done about it? - USCIS not following any order !!
more...
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__THISRES__71069%2525252525255B1%2525252525255D.jpg "Anime Boy Picture. anime boy")
tinamatthew
07-24 12:03 PM
my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...
Let's hope for the best
Let's hope for the best
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smc
07-20 01:06 PM
Is there a way to seperate the HI-B increase from the EB- green card recapture? So long as they are lumped together, it will always be difficult to pass. Also, is it possible to make this apply to all EB categories, not just Schedule A and EB-1 and 2?
Is there anything we can do for this?
SMC
Is there anything we can do for this?
SMC
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aerady
05-09 05:40 PM
I have been a victim of this rule implemented by DMV. On Texas the rule is like this. If you have Visa validity embedded on your DL, you will get a letter before 'Valid till Date period' on DL to show proof of approved I-797. In TX your approved petition you need to satisfy two conditions (1) When you go to DMV office, your approved I-797 should have atleast 6 months validity (2) The period on your I-797 should be more than one year. If you disqualify on any of these, they will suspend your license until you show a I-797 that satisfies the above two conditions.
So, My case is like this:-
My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.
I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.
I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)
I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.
I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!
So, My case is like this:-
My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.
I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.
I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)
I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.
I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!
h1techSlave
04-12 03:41 PM
Sole Proprietorship: Simplest form; but riskiest. Is you individually doing business under either your name or a trade name. Very little paperwork is required. Taxes are reported on your personal return. Profits are loss comes out of your own pocket.
You will face unlimited personal liability and creditors can often go after personal assets. You may be ineligible for tax-free fringe benefits that are available to more formal businesses.
Partnership: General partnership � Creditors can collect from all partners� assets as well from business assets.
Limited partnership � partners who do not directly participate in the business can limit their risk.
Corporation: For large businesses. Creditors cannot collect from the personal assets of owners (share holders). Complex legal paperwork is needed.
Taxed on income before profits are distributed.
S corporation � pass thru taxation like they are partnerships. Limits on non-citizen share holders.
C corporation � pay tax at both corporate and shareholder level.
Limited liability company (LLC): A partnership in the eyes of IRS � profits are taxed only once in the member�s personal returns. It shields members� personal assets from business creditors.
When forming an LLC, you are required to file a limited liability company certificate with the Secretary of State and an internal organization agreement (Operating Agreement).
Limited liability company - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Limited_liability_company)
You will face unlimited personal liability and creditors can often go after personal assets. You may be ineligible for tax-free fringe benefits that are available to more formal businesses.
Partnership: General partnership � Creditors can collect from all partners� assets as well from business assets.
Limited partnership � partners who do not directly participate in the business can limit their risk.
Corporation: For large businesses. Creditors cannot collect from the personal assets of owners (share holders). Complex legal paperwork is needed.
Taxed on income before profits are distributed.
S corporation � pass thru taxation like they are partnerships. Limits on non-citizen share holders.
C corporation � pay tax at both corporate and shareholder level.
Limited liability company (LLC): A partnership in the eyes of IRS � profits are taxed only once in the member�s personal returns. It shields members� personal assets from business creditors.
When forming an LLC, you are required to file a limited liability company certificate with the Secretary of State and an internal organization agreement (Operating Agreement).
Limited liability company - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Limited_liability_company)
delhiguy79
08-14 04:07 PM
guys i think USCIS is not interested in giving EB 3 guys GC...
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
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