Saturday, June 25, 2011

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  • sreeanne
    03-20 10:35 AM
    Guys,

    I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.

    sree




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  • bharol
    07-11 01:14 PM
    This bulletin does prove that very few labor certificaions were done in 2005, due to move to PERM.

    And those who had applied in PERM in 2005, got their GCs already..
    I know a few who applied in PERM as soon it was introduced and got their
    GCs last year.




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  • bidhanc
    03-10 05:42 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.

    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...)???




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  • theonlyron
    07-24 05:44 PM
    My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.

    Any one in NC have any suggestions?



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  • supers789
    07-18 08:00 PM
    Since most of the crowd will file 485 now and will get EAD, I was wondering, if IV will still be putting efforts to make the PD current, or to get the option of filing 485 even if PD is not current?

    This will help those -
    1. who are stuck in BEC and could not file 485
    2. who changed jobs after seeing no movement in PD for months, and labor is not yet filed or approved by new employer.

    I am one of them.. and was wondering if there are chances of getting EAD for us. Or we will be employer dependent always.. until .. forever...

    Thanks!




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  • av2004
    07-05 10:15 PM
    mbawa.. It is always nice to sit on the side and blame it all on the leaders here. First thing you have to remember is that these poor/great folks (poor for representing people like you and great for working for representing all immigrant hopefuls) are really working for YOU and me. It is quite convenient to blame others than doing things yourself. If you think you are any better, why not come up with your USEFUL/GREAT ideas and see if the IV core respects those ideas or not. Lobbying or not, when the government is ready to think about CIR or immigration in general, I am pretty sure that IV can make OUR voice heard. Got the point?



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  • anilnag
    02-23 02:29 PM
    i thought it meant that you had to wait 4 months after your priority date is current to have any expectation of adjudication... no?

    In the guideline for interpreting the dates USCIS hasn't mentioned anything about PD being current. So I think they process applications regardless of PD being current or not

    'The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).'




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  • santb1975
    06-22 03:13 PM
    We are closer to 20K now more than we were before



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  • diptam
    09-01 06:46 PM
    Unless economy is good those creations wont fly through. GC is a bif illusion :)

    ----




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  • smuggymba
    08-12 12:48 PM
    I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.

    I agree but how will this change the world. The 2K will now be transferred to the employee; earlier employee paid 1000, now he will pay 3000. That does not solve the problem.



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  • priti8888
    07-24 11:42 AM
    But how cud they accept and process the application if his date was not current in june ??


    Correct, They would accept only if his dates were current in June




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  • hebbar77
    09-11 10:40 PM
    when do we all send it? should we wait for oct 2nd?
    Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)



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  • ArkBird
    02-24 01:17 AM
    And still people love it !!!

    Lost Until Death!

    ~GCA




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  • raysaikat
    01-06 12:35 AM
    Couldn't agree more - especially about paying for ANY college here vs. in India.

    I studied in IIT (B.Tech), got M.S. and Ph.D. from here and now a professor. My observations/opinions are as follows:

    1. Up to class XII, Indian schools are good. However, there are certain fundamental differences. Indian schools teach more material and sometimes more challenging material than U.S. schools. However, the majority of the students end up merely "remembering" and not learning; even in sciences. In general, an average student from an Indian school system would "know" more than an average student from an U.S. high-school, although in my view such "knowledge" (remembering something as a "data") is worthless. However, U.S. school system tends not to kill the curiosity and creativity of the students, which Indian system does. For good and brilliant students, however, there is no clear trend; you can get excellent and creative students from both systems.

    2. There are a handful of fine undergraduate institutes in India. The names comes to my mind are IITs, some RECs (Trichi used to be good), Jadavpur Univ., Roorkie, BHU, etc. (although IITs remain at a level higher than the rest). If you include maths, then count ISI's, which are better than IITs. The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.

    3. M.S. onwards, Indian Universities are bad. The only quality Institute in India in Engineering at the M.S. level is IISc. You have some more in other science related disciplines like TIFR (not sure if they give M.S. degree). IITs are not good at the M.S. level and beyond (in case you did not know: M.S. students in IITs are called "Matka"s and professors never grade M.S. students in the same scale with the B.Tech students in the fear that most M.S. student would then fail! And this indeed happened; true story.).

    There is indeed a severe dearth of qualified Ph.D. graduates in India. I had spoken with the director of Bell Labs in India and he finds it very difficult to find people who can work in R/D as a profession

    The basic problem is finding qualified teaching staffs. Professor's salaries, even in IITs, are about 7-10 times lower than what a qualified person with an equivalent degree currently gets in Industry. No wonder they cannot find faculty members (I have---well, at least had---an open faculty position offer from the director of an IIT; they are desperate for good persons). The compensation gap is too large, even considering nice faculty housing in a good place and good community for your family inside the IIT.

    By the way, no doubt there are crappy universities in the U.S. as well; especially at the M.S. level since there is no accreditation at the M.S. level.



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  • indio0617
    03-09 10:20 AM
    Sen Feingold: Amendment regarding US naturalization...




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  • santb1975
    06-08 07:49 PM
    none at all?? :confused:



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  • tinamatthew
    07-22 10:48 PM
    ^^^^^




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  • eb3_nepa
    07-15 03:22 PM
    don't I need to provide the account number of IV there.?

    Nope. You are simply mailing out a "cheque" to IV at the postal address.




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  • solraj
    03-17 07:54 PM
    Guys as it states both you and your spouse need to have an SSN not ITIN.
    So if one has ssn other has ITIN you are not qualified.




    leoindiano
    06-11 09:19 AM
    i dont agree with you, These things are against the law.

    1)
    All we need is a recapture. Lets concentrate on the bills in congress and senate and get them passed. This needs very less effort than what you prescribed.
    2) If 1 fails,
    There is no descrimination as such, this is more of a outdated law and bureacratic delay caused wastage of numbers, lets fight it in legal system. Some asylum case won against wastage, why not ours? We have big numbers, If everyone can contribute, this will happen. Hire the same lawyer and am sure he/she wont charge more than what(if any) they charged to an asylum case....




    gc28262
    03-12 12:30 PM
    Pappu,

    I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.

    Rethink!

    I think IV core can give lifetime exception to active members like 'ItIsNotFunny' for their efforts. For others, let monthly contribution stay.



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