gcseeker2002
04-04 05:30 PM
how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.
no answer ?
no answer ?
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snathan
02-10 10:11 PM
I will. Thanks for rounding up.
I am still waiting to see your contribution....Do you need any help to write the check
I am still waiting to see your contribution....Do you need any help to write the check
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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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sunny1000
04-30 05:01 PM
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
Hope this comes true.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
Hope this comes true.
more...
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pamposh
07-11 01:18 PM
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
Don't worry be happy... atleast for a day. Coz I don't think it is going to last for very long. It is an Aug 08 fiasco instead of July 07 and this time they are being a lil reserved and not making the dates all the way current. Ofcourse there would be some lucky draws who get their GCs, we will have to wait and watch coz thatz all we (most of us) can do at this point.
Guess what, they are all celebrating my Birthday and that is why.
Pamposh.
EB3- June 2003, India
Don't worry be happy... atleast for a day. Coz I don't think it is going to last for very long. It is an Aug 08 fiasco instead of July 07 and this time they are being a lil reserved and not making the dates all the way current. Ofcourse there would be some lucky draws who get their GCs, we will have to wait and watch coz thatz all we (most of us) can do at this point.
Guess what, they are all celebrating my Birthday and that is why.
Pamposh.
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seahawks
04-25 09:22 AM
I agree, even though its a good idea, we need to be focussed and go with what is achievable. If we get side tracked, we may not get anything accomplished.
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priti8888
07-24 12:23 AM
mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)
March 2003!!??u were current in June.
If u applied 485 in June 07 u might have already been alloted a visa number...Call uscis to find out...A nicer IO may give u some details abt your case
March 2003!!??u were current in June.
If u applied 485 in June 07 u might have already been alloted a visa number...Call uscis to find out...A nicer IO may give u some details abt your case
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kumar1305
02-24 04:11 PM
Very coreect uma...you can forget career growth in India without a MBA degree.
I have MBA from an American university, do you think it's going to help me?
I have MBA from an American university, do you think it's going to help me?
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Macaca
09-12 01:44 PM
Macaca-
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
I think I am saying what you are saying!
Else what are reasonable numbers? I have added 1 year OPT.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
yes.
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
I think I am saying what you are saying!
Else what are reasonable numbers? I have added 1 year OPT.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
yes.
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DDLMODES
07-06 08:37 AM
Guys...digg this one religously..
For the first time one article connects our needs to what Americans are interested in; Homeland security.
Guys, not to say that they should approve cases without background check but are you sure this will not turn against us if they associate USCIS being efficient (approving cases faster) with them taking shortcuts and give GC to people who are a threat ??
Everybody here wants some of those "reserved" (already taken for cases not yet approved) visas to be available again but nobody thinks what this will do to us in the long run because some might read the news and conclude that USCIS just gives green cards to people that might be a threat.
As for my angle on this, I did not file yet so I have no case pending waiting to be approved....
:(
For the first time one article connects our needs to what Americans are interested in; Homeland security.
Guys, not to say that they should approve cases without background check but are you sure this will not turn against us if they associate USCIS being efficient (approving cases faster) with them taking shortcuts and give GC to people who are a threat ??
Everybody here wants some of those "reserved" (already taken for cases not yet approved) visas to be available again but nobody thinks what this will do to us in the long run because some might read the news and conclude that USCIS just gives green cards to people that might be a threat.
As for my angle on this, I did not file yet so I have no case pending waiting to be approved....
:(
more...
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trueguy
08-14 10:50 PM
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
I agree. Nobody wants to talk about EB3-I, not even core IV.
I agree. Nobody wants to talk about EB3-I, not even core IV.
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Sakthisagar
02-24 09:11 AM
Hello gcdream,
If you apply on premium processing then fees is huge, lot of money, if you apply before hand I mean 6 months back before the expiry of Visa, then not this much money as fees, last time I opted for premium processing.
Thanks for asking
If you apply on premium processing then fees is huge, lot of money, if you apply before hand I mean 6 months back before the expiry of Visa, then not this much money as fees, last time I opted for premium processing.
Thanks for asking
more...
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caydee
06-02 01:42 PM
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT. Please write to senators and house representatives highlighting the "age-out" problem.
Appreciate your contribution to IV.
Thanks
None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT. Please write to senators and house representatives highlighting the "age-out" problem.
Appreciate your contribution to IV.
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nk2006
07-06 01:10 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
more...
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ramus
07-06 12:45 PM
Look at total members on IV now - 1259.. This thread will keep going..
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saileshdude
05-20 05:14 PM
Thanks to Chanduv23 and others IV members who are trying to address this issue.
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IV2007
04-08 01:06 PM
Can someone please respond to this ??
Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?
Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?
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Milind123
09-14 09:27 PM
After reading the thread, couldn't wait to start. Just made my first contribution of $100
Order Details - Sep 14, 2007 9:26 PM EDT
Google Order #259932445197419
Let's go to DC..Chak De
Thank you karan. It was getting lonely here. Should I assume this is your first contribution?
Order Details - Sep 14, 2007 9:26 PM EDT
Google Order #259932445197419
Let's go to DC..Chak De
Thank you karan. It was getting lonely here. Should I assume this is your first contribution?
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cjain
08-10 05:55 PM
what time (format HH:MM)NSC processed our case and we mail that on june 30th , uscis recd. the same on 2-july-07
our recd. number starts from LIN 072275####
our recd. number starts from LIN 072275####
paritp
03-04 02:22 PM
my sister has a PD of Feb 2005 at TSC she got this yesterday............for herself,husband and son
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRC**********
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRC**********
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
neverbefore
09-13 05:57 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.
I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.
I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.
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