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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aarbi
07-06 03:12 PM
Anything we can do to get through without having to spend sleepless nights till Oct'.......
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
my2cents
04-30 04:51 PM
look here at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
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eb3_nepa
07-14 02:55 PM
06/29/08 PAYPAL *IMMIGRATION 4029357733 CA 50.00
4029357733
Description
PROFESSIONAL S
Guys as far as possible please stick to cheques and Bill Pays, atleast if you are contributing the $5.00 or $10.00. This will avoid bank fees and paypal/google checkout fees.
4029357733
Description
PROFESSIONAL S
Guys as far as possible please stick to cheques and Bill Pays, atleast if you are contributing the $5.00 or $10.00. This will avoid bank fees and paypal/google checkout fees.
more...
qualified_trash
01-03 04:28 PM
Sure, I dont think there is any one correct answer for this dilemma. Most of us are going to base our decisions on our personal circumstances and hope that they turn out correct in the long run :)
you hit the nail on the head......... :-)
you hit the nail on the head......... :-)
gcsim
02-25 05:30 PM
Why do you think there are not many cases in 2005?
Yes pls can u explain that.
Yes pls can u explain that.
more...
bindas74
10-17 12:57 PM
Hi,
I know you said Email is ok. Just trying to confirm.( because it's easy to send )
Thanks
I know you said Email is ok. Just trying to confirm.( because it's easy to send )
Thanks
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delhiguy
07-06 01:35 PM
Generally they give this update on last week of every month.
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
May be because they are not expecting to enter the July applications in the system (or just uptill July 2)
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
May be because they are not expecting to enter the July applications in the system (or just uptill July 2)
more...
tinamatthew
07-21 05:54 PM
Hi Tina,
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.
You may already know these, but here goes
www.ptjobs.com
www.physical-therapist.com/
rehaboptions.com/phone.html
physicaltherapist.com
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.
You may already know these, but here goes
www.ptjobs.com
www.physical-therapist.com/
rehaboptions.com/phone.html
physicaltherapist.com
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dba9ioracle
09-10 03:17 PM
If you are seeing Light at the end of the tunnel (visa recapture), beware, It could be another train (almight uscis can ruin anything) approaching from other side of the tunnel.
more...
javadeveloper
08-14 05:33 PM
USCIS should come up with strategy like if you are in US for 'X' years and if your 485 pending for 'Y' years and if you own a house worth 'XXX$' , then they should give GCs irrespective of Category(Eb1,Eb2,Eb3,Eb4 etc..)
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santb1975
06-02 09:35 PM
This is Great
Contributed $100 for June
Receipt ID: 47W850****
Contributed $100 for June
Receipt ID: 47W850****
more...
house the British Bulldog on.
sandy_anand
06-16 12:58 PM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
Champak, I'm in the same boat as yours. Called the Atlanta number and left a message with my case number. My attorney sent an email this week. I have also asked my employer to do the same. Maybe I'll take your advice and send them an email too.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
Champak, I'm in the same boat as yours. Called the Atlanta number and left a message with my case number. My attorney sent an email this week. I have also asked my employer to do the same. Maybe I'll take your advice and send them an email too.
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imm_pro
09-11 04:32 PM
wow..what a novel and legal way to humiliate...yes i am in
more...
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bsbawa10
03-18 02:10 AM
Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
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a_yaja
07-24 04:47 PM
Folks,
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
more...
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Hassan11
07-20 04:03 PM
I agree but we have to send faxes now while the bill is still HOT (even it didn't pass)
Why can't we have a fax campaign like NumbersUSA and fax the respective senators.
I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.
Thanks,
Sanjay.
Why can't we have a fax campaign like NumbersUSA and fax the respective senators.
I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.
Thanks,
Sanjay.
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qualified_trash
01-03 04:16 PM
I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
as for what is best, we should all ask our parents and they would say do whats best for your kid because that is what they did. they did their best for us and we should do the best for our kids as they should do their best for theirs........
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
as for what is best, we should all ask our parents and they would say do whats best for your kid because that is what they did. they did their best for us and we should do the best for our kids as they should do their best for theirs........
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jsb
09-10 02:56 PM
Should we not demand resignation of USCIS Director?
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
go_gc_way
12-17 03:06 PM
Hi all .. I am not writing this post to disagree with any one on any thing. I am very respectful of the members who participate this forum and write their suggestions/comments/ideas... Specially when I know people who are facing the same problem but do not make any efforts to solve it or join IV.
In the same lines .. my opinion , we probably need more followers and implementers who can direct IV core suggested plans.
Actively participating the Forum and visiting the web site regulary is one of the actions called for from Pappu (IV Core), you are all doing, I did that. There are other action items that need be implemented by who ever has ability, time and can direct others.
BOTTOM LINE, YOU FOLKS BRING UP INTERESTING IDEAS AND DEBATE TO THE FORUM .. PLEASE KEEP IT UP.
In the same lines .. my opinion , we probably need more followers and implementers who can direct IV core suggested plans.
Actively participating the Forum and visiting the web site regulary is one of the actions called for from Pappu (IV Core), you are all doing, I did that. There are other action items that need be implemented by who ever has ability, time and can direct others.
BOTTOM LINE, YOU FOLKS BRING UP INTERESTING IDEAS AND DEBATE TO THE FORUM .. PLEASE KEEP IT UP.
texanguy
09-10 05:23 PM
What this means, is that the december visa bulletin is the correct time to expect a major jump on the priority date. since the leftover visas (EB1 & EB2) from other countries for the first quarter will be used for the oversubscribed countries.
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
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