emartin
05-13 12:11 AM
hi guys,
For those who have some questions about corporation vs llc, please check this video (and some related videos as well)
Corporations and Limited Liability | Khan Academy (http://www.khanacademy.org/v/corporations-and-limited-liability?p=Finance)
Sal explains better than anyone else :)
For those who have some questions about corporation vs llc, please check this video (and some related videos as well)
Corporations and Limited Liability | Khan Academy (http://www.khanacademy.org/v/corporations-and-limited-liability?p=Finance)
Sal explains better than anyone else :)
wallpaper Enchanted / Ice Princess
nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
srimani1
10-05 11:04 AM
Applied GC in 2002 July in EB3 category. Still waiting for PD to apply 485. Missed 2007 Aug fiasco. Recemtly got my 11,12 and 13th year H1B extension.
2011 Enchanted, directed by Kevin
chanduv23
09-12 02:04 PM
Actually,
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
more...
snathan
02-08 02:08 PM
Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
karan2004m
01-05 10:04 PM
I never came here to study. Have you heard of IIT/REC's in India. I understand there are other colleges/universities in india which your are describing here or u might have studied there but same is true for US as all universities are not A grade. There is a way to tell the fact, not to exaggerate and that too by an indian. if an american say this i can understand that he is ignorant about the facts.
Anyways all the best for Green Green Card. I can understand the desperation
He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?
Listen to what he says about how India is racing ahead despite all the problems with education. I was disgusted with the quotas and poor education in India.
Learn to deal with the truth whether you are Indian or American!!
Anyways all the best for Green Green Card. I can understand the desperation
He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?
Listen to what he says about how India is racing ahead despite all the problems with education. I was disgusted with the quotas and poor education in India.
Learn to deal with the truth whether you are Indian or American!!
more...
vin13
03-08 10:48 PM
http://www.shusterman.com/
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
It is weird that Shusterman had information about ROW EB-3 retrogressing by 1 year. Why did he not say anything about EB-2?
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
It is weird that Shusterman had information about ROW EB-3 retrogressing by 1 year. Why did he not say anything about EB-2?
2010 Enchanted (2007) BRRip 720p
rajenk
07-19 01:02 PM
Count me in. I live and work in Burbank (LA county)
-Raj
-Raj
more...
amitjoey
05-07 01:29 PM
I do not believe we have a efax campaign right now. Faxes and letters do not seem to get the attention like phone calls and personal visits do.
hair Gradually as Giselle and
w3313
03-31 08:20 PM
How insane you are, you are giving the credit of that to USCIS ??? I think you were sleping when people had rallies in CA and IV had 'flowers to USCIS' campaign, how about Zoe Lofergn's threat, I'm sure you don't know any thing. USCIS shares most of the responsibility of you and I being on this forum. USCIS was doing a tardy job and wasting several thousand green card numbers every year that's why DOS had to push them by making the world wide dates current. And 'no' they did not 'realize' any mistake, they did not want to get into legal trouble and get publically exposed(Zoe Lofergn asked for emails and all communication regarding Visa cut off dates). So they took the shortest and safest way to get out
I don't think insane is enough to describe that person Dard-E-Disco thought process, people know very little about the process delay's or troubles caused by the USCIS delay's. Either this personDard-E-Disco is either ignorant or doesn't know what he/she is talking about. I doubt if Dard-E-Disco knows how it would be for some one to wait 7 years for any immigration process and watch USCIS screw-up the FIFO process and how the customer service at USCIS is cannot differentiate between a RD and PD better than that I suggest this person to read the AMBUDeSMEN report if you don't what it is just google for it , after you read the report and recommendations come back and post your wise comments. I urge you to please read the ambudsmen report before making loose comments
I don't think insane is enough to describe that person Dard-E-Disco thought process, people know very little about the process delay's or troubles caused by the USCIS delay's. Either this personDard-E-Disco is either ignorant or doesn't know what he/she is talking about. I doubt if Dard-E-Disco knows how it would be for some one to wait 7 years for any immigration process and watch USCIS screw-up the FIFO process and how the customer service at USCIS is cannot differentiate between a RD and PD better than that I suggest this person to read the AMBUDeSMEN report if you don't what it is just google for it , after you read the report and recommendations come back and post your wise comments. I urge you to please read the ambudsmen report before making loose comments
more...
Libra
09-11 09:39 PM
thank you waiting_gc and chiku_singhal for your contributions.
hot Disney Enchanted Giselle
GCBy3000
01-10 02:05 PM
Dear friend,
All these are relative calculations. Who the hell in the world asked any firm to calculate the millionaries in terms of dollars. You have to check PPP. What a dollar could do in US could not do anything in Europe/UK. But you can get to eat three times in India for a dollar. You can do two haircuts for a dollar and more...
With the above, India has many millionaries. Also if rupee strengthens and dollar weakens( which is not likely now), India will have billion millionaires.
Who said that 1 crore is middle class in India ???
That would mean 1 billion poor people in india according to this article, and that will include you...
http://www.rediff.com/money/2004/jul/14rich.htm
http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
India�s millionaires on the rise
India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires
All these are relative calculations. Who the hell in the world asked any firm to calculate the millionaries in terms of dollars. You have to check PPP. What a dollar could do in US could not do anything in Europe/UK. But you can get to eat three times in India for a dollar. You can do two haircuts for a dollar and more...
With the above, India has many millionaries. Also if rupee strengthens and dollar weakens( which is not likely now), India will have billion millionaires.
Who said that 1 crore is middle class in India ???
That would mean 1 billion poor people in india according to this article, and that will include you...
http://www.rediff.com/money/2004/jul/14rich.htm
http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
India�s millionaires on the rise
India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires
more...
house Enchanted Giselle Myspace Layouts
lg72
07-24 10:18 PM
fairboy and friends,
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
tattoo Disney ENCHANTED Giselle/Edward/Pip DS/Lite/DSi/XL NEW SKU: C25407
adde72
07-05 11:35 PM
Dugg! and posted a comment...
Please also digg comments.
Dugg and posted comment ... this is great chance for US ( legal immigrants ) to solve our issues ...please participate activly ....I can see the light
Please also digg comments.
Dugg and posted comment ... this is great chance for US ( legal immigrants ) to solve our issues ...please participate activly ....I can see the light
more...
pictures More recently in 2007, Giselle
jonty_11
07-06 05:37 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
what does the answer to this question mean?
Why are they still showing CURRENT>
what does the answer to this question mean?
dresses Enchanted
MDix
03-10 11:23 AM
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
more...
makeup Enchanted middot; What line does Giselle say in this picture in The Thats How You
kevinkris
01-03 08:42 PM
Applied Aug 13th.. FP done.. EAD cards came.. no AP yet..:mad:
girlfriend Enchanted auditions
shantanup
06-11 01:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?
How do you know in advance that visa recapture and visa increase will not happen?
visa recapture - no chance
visa increase - will not happen
still contribute??
Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?
How do you know in advance that visa recapture and visa increase will not happen?
hairstyles In animated Giselle#39;s home,
9years
10-28 07:19 PM
Hi Hebron,
I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.
Best of Luck to you.
Thanks.
I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.
Best of Luck to you.
Thanks.
h1b_professional
07-20 10:19 AM
Should we send emails to our Senators requesting them to vote for SKIL bill
Email campaign may be
Email campaign may be
amdn123
09-10 02:01 PM
I guess we have till September 30 to hope for approval.
PD Nov 2005.
PD Nov 2005.
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