pappu
06-04 01:59 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
Not a bit harsh but very harsh. There are cases of people who have waited for 5 years and are still stuck in BEC. Now if this bill passes, they will have to apply all over again. There are also people who have gone through the PERM process and have not applied I140. Sometimes PERM process can take upto 1 year if the HR and Lawyer is slow in the recruitment process and unresponsive.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
Not a bit harsh but very harsh. There are cases of people who have waited for 5 years and are still stuck in BEC. Now if this bill passes, they will have to apply all over again. There are also people who have gone through the PERM process and have not applied I140. Sometimes PERM process can take upto 1 year if the HR and Lawyer is slow in the recruitment process and unresponsive.
wallpaper Philadelphia Phillies#39; Dominic
fruity
07-22 06:27 PM
I am glad to see sked A here. I have been following this forum for a long time now and there is nothing for healthcare prof though the discussions were very helpful. As I can see it, the july VB put benefits on those going through AOS but as a result those whom I know who are scheduled for interview in their home countries in AUg. was cancelled.
Caliber
03-11 01:28 PM
Hi eb3retro,
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice. I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application. Thanks.
I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice. I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application. Thanks.
I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.
2011 Philadelphia Phillies#39; Ben
vaishnavilakshmi
08-07 12:27 PM
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
Hi,
If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?
Vaishu
Hi,
If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?
Vaishu
more...
ashutrip
06-21 01:41 PM
I agree with you 100%... no point in being paranoid about what can happen ... if it does we will find a way to deal with it
-M
I am just hoping we do not mis the July Bus :cool:
-M
I am just hoping we do not mis the July Bus :cool:
GCOP
08-13 03:52 PM
Thank you Conchshell , willwin for your active participation to resolve EB3 visa problem.
I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
Whichever date you decide, just PM to me.
IV help will be appreciated to arrange the meetings.
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
Whichever date you decide, just PM to me.
IV help will be appreciated to arrange the meetings.
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
more...
eastindia
03-06 09:38 PM
Not a single person on this thread criticizing will ever go back however much painful the greencard wait is. This is a ugly truth.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
2010 Philadelphia Phillies starting
Totoro
05-02 09:25 AM
Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
more...
jimytomy
05-24 09:56 AM
Contributed $100 . Good way to start long weekend !
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
hair Philadelphia Phillies fans
bidhanc
03-11 10:51 AM
I guess it's not a VERY GOOD IDEA THEN.
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
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."
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
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."
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cjagtap
08-10 09:51 PM
any TSC receipts??????? mine was TSC -2 nd July..
hot Spandex-clad Phillies fan
santa123
07-11 07:58 AM
Does someone know by how many months EB2 has jumped??
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house Philadelphia Phillies right
ashutrip
06-22 11:34 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
its the day ur LC was filed!!
its the day ur LC was filed!!
tattoo Philadelphia Phillies
green_world
09-12 07:28 PM
First time contribution of $100...
Good work IV..
Order Details - Sep 12, 2007 19:50 GMT-04:00
Google Order #510095991304725
Good work IV..
Order Details - Sep 12, 2007 19:50 GMT-04:00
Google Order #510095991304725
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pictures Longtime Philadelphia Phillies
xyzgc
02-14 01:05 PM
will you guys stop acting like kids?
dresses Phillies+aseball+field
bigboy007
06-03 06:52 PM
Yep thats true , as of now all this shouldnt stop one from filing 140/485 what ever it is , we are only trying to interpret to the best of our knowledge in current format. For ex. if you remember labor substitution bill was introduced in Last year 2006 and every one was eager and curious about it but it was only enacted in July 2007. Similarly i 100% believe they will give some time to switch and in case it would be good enough buffer. If you think u can file dont even think of rest , right what is law is what should it be.
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makeup MLB Baseball images from the
nk2006
10-17 04:19 PM
{someone sent me a PM (with a red-dot to boot :) asking what is the plan?}
As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.
As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.
girlfriend Philadelphia Phillies game
forgerator
09-27 10:21 PM
I think the longest wait I have ever seen is of my friend who entered the US in 1992. He did his Bachelors, then did some work on OPT, then did his Masters, then did some work on OPT, then tried to do PhD but couldnt finish it in , got a fulltime offer, worked on H1 then on extensions and finally got laid off in 2008 before his 485 could be filed. He had enough of it and finally said goodbye to US and left :) So that's 16yrs!
hairstyles APTOPIX Cardinals Phillies
desi3933
08-04 11:49 AM
There's no law that employer should borne the cost of GC.
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.
That was your choice.
I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
One hand, you are saying guessing and still insist that it is based on facts.
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.
That was your choice.
I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
One hand, you are saying guessing and still insist that it is based on facts.
Legal
08-13 05:22 PM
This the time to unite rather than giving up.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
StuckInTheMuck
07-11 10:53 AM
First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).
Maybe you should now change your handle to USDream2DustBack2Dream :)
Maybe you should now change your handle to USDream2DustBack2Dream :)
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