gc4me
07-06 01:56 PM
Because I don't have enough time left of my H1B so that I can get a new I-140 approval before my H1B expires. I am in my 7th year. The only option I have is to port my PD. But I don't have I-140 approval copy, only the receipt #.
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
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hazishak
07-18 10:37 PM
Obviously if a guy with PD 2002 or 2003 does not apply there is no way he can get the AOS approved.
But do you mean a guy with PD '2007 May' applies now and a guy with PD '2000 March' (for some unkown reason) applies in 'Oct 2007'. Assuming that the PD cut off date retrogressed to '2000 March' then the guy with '2007 May' PD but with RD '2007 July' would be in a better shape than a guy with '2000 March' PD but with RD '2007 Oct'.
You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.
But do you mean a guy with PD '2007 May' applies now and a guy with PD '2000 March' (for some unkown reason) applies in 'Oct 2007'. Assuming that the PD cut off date retrogressed to '2000 March' then the guy with '2007 May' PD but with RD '2007 July' would be in a better shape than a guy with '2000 March' PD but with RD '2007 Oct'.
You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.
legalVoice
05-03 09:56 AM
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
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vkallank
07-18 10:23 PM
Amit, i have sent you a PM. :)
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
more...
Napoleon
03-10 09:38 PM
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?
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...)???
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?
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...)???
newuser
09-12 10:07 AM
I doubt how effective a letter campaign would be.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
more...
guy03062
03-08 09:47 AM
Please keep posting!
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gctoget
08-03 03:51 PM
bunp
more...
singhsa3
08-16 03:09 PM
Situation of EB3-India can be changed only via changing law notably 5882.
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p1234
09-13 08:15 PM
I'm getting red dots now for believing in the right!
Who cares? Give all the red dots in the world...:D
Who cares? Give all the red dots in the world...:D
more...
manderson
09-18 08:52 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.
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.
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Struggle
09-12 07:53 PM
I was at SJ rally and it was an awesome feeling to participate and hear all the honks.
Unfortunately cannot make it to the DC rally, but have been spreading the word through emails and diggs.
Milind i have contributed $100 now.
paypal transaction id: 88886835PG920640K
Thanks for your support.
Unfortunately cannot make it to the DC rally, but have been spreading the word through emails and diggs.
Milind i have contributed $100 now.
paypal transaction id: 88886835PG920640K
Thanks for your support.
more...
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Dhundhun
06-25 02:53 PM
I called Rep Lamar Smith office. The lady who picked up the phone asked me we are getting lot of calls. She asked me are you in supprot of the bill? I told her yes. I also told her that I am having master's degree from USA. My children are top student but may not get admission in some of NJ medical college just because we did not get GC since last 7 years. So we need help from Rep Lamar Smith to make USA more competitive. She also wanted to know that from where I was calling.
She told me that she will convey the message to Rep Lamar Smith.
This is thread for What America is losing... - corrected spelling
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
She told me that she will convey the message to Rep Lamar Smith.
This is thread for What America is losing... - corrected spelling
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
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satyasaich
07-15 11:31 PM
Dear friends
"Drop and Drop makes an Ocean"
I pledged earlier that i will send another $50 today if the total reaches $2000.
Here is the deal: Just add another $100 and i will make it to $2000.
Still we have time for today. Any takers ????
I'm not a high salary guy nor an $100/hour consultant. I'm just like so many of you, need to support the family as well.But just consider the selfless efforts of IV for all of us. please try to contribute as much as you can, of course this is just a request only.
Satya
"Drop and Drop makes an Ocean"
I pledged earlier that i will send another $50 today if the total reaches $2000.
Here is the deal: Just add another $100 and i will make it to $2000.
Still we have time for today. Any takers ????
I'm not a high salary guy nor an $100/hour consultant. I'm just like so many of you, need to support the family as well.But just consider the selfless efforts of IV for all of us. please try to contribute as much as you can, of course this is just a request only.
Satya
more...
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diptam
08-11 05:10 PM
hpandey,
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
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texcan
09-10 10:22 PM
Contributers,
Thanks for your contributions. We need more people like you.
lets push contribution drive to other threads.
To me its simple, anyone who cant come to rally can
dig a little deeper in pockets for contributions.
Great work IV. Keep doing the good work.
Thanks for your contributions. We need more people like you.
lets push contribution drive to other threads.
To me its simple, anyone who cant come to rally can
dig a little deeper in pockets for contributions.
Great work IV. Keep doing the good work.
more...
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arnab221
06-23 09:30 PM
I thought Murphy's law of " Whatever can get delayed will get delayed " , applied to me only. Looks like in the US GC process it applies to everybody else also .
:D
:D
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eb3_nepa
07-06 12:53 PM
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
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pdakwala
03-08 01:07 PM
Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration
dreddy
10-05 02:54 PM
first applied in 2002 and changed company in 2006..still waiting to apply 485
rajuram
12-18 04:35 PM
qplearn that was a good one. !!!!!!:)
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
While we all sit here discussing Gandhigiri, time is silently slipping by. New congress session is only two weeks away, but guess what � immigration is not even on the agenda���..
CIR has come and gone�.
Elections have come and gone�.
Lame duck has come and gone�.
I guess the season for waiting is still here�.may be for a very long time
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
While we all sit here discussing Gandhigiri, time is silently slipping by. New congress session is only two weeks away, but guess what � immigration is not even on the agenda���..
CIR has come and gone�.
Elections have come and gone�.
Lame duck has come and gone�.
I guess the season for waiting is still here�.may be for a very long time
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