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  • anilsal
    03-05 06:13 PM
    I got LUD for 2/05. Fingerprints done in Feb. After that no change.

    I am just one of those select few who got FP notices.




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  • camarasa
    07-17 11:39 PM
    Only on PD when the date is current
    Not just priority date, but also receipt date.
    My priority date has been current for a year now, but are they processing it? No, because my receipt date is 08/28/2006 and they are only doing 08/07/2006 now (after going back one month in Texas).




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  • go_guy123
    02-24 10:03 AM
    Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.

    It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.

    We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.

    If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?

    I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.

    Your PD was in 2006. The GC problems had started surfacing and it was clear without a relief it would only get worse. If you have EAD you are better off otherwise no point in waiting at all.

    The question is about having good understanding the US politics and that will give you an idea of how realistic are the chances of EB relief in future.
    I feel eventually it will be fixed. But not before it is completely broken and companies really take a hard look at it and seriously lobby for a reform and a workable solution.
    The H1B is now broken but perhaps not broken enough...so there will be couple of months/years of more misery.




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  • diptam
    08-12 04:18 PM
    Small or medium companies who played by the rules are doing okay. I transferred H1B couple of times between small companies during 2009-10 recession time and in each case it was approved in 2-3 days. Both the companies had a 100% record in H1-transfer and PERM approval.

    I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?



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  • Green.Tech
    06-19 12:14 AM
    Wake up folks. Oh well, wake up tomorrow morning, I mean :)




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  • funny
    09-12 03:15 PM
    ^Bump^



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  • makemygc
    09-14 06:57 PM
    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:

    Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.




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  • JunRN
    10-03 11:18 PM
    I do not believe the 800,000 figure for I-485 alone. It could be a misquote from Aytes. The 800,000 is possibly combination of all immigration related applications such as I-140, 485, 131, 765, etc.

    Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.

    With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.



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  • swadeshi
    08-10 09:00 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch

    I went to NYC indian consulate got my passport renewed in a day! pretty easy but make u nostalgic abt standing line for cinema tickets!!!;)




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  • gctoget
    08-03 03:51 PM
    bunp



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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




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  • chanduv23
    08-13 07:11 AM
    Most people here in this forum have no clue what is happening. We can keep on argueing that skilled immigrants add value, innovation etc... but do not understand how politicians think. Senator Schumer talks about products and innovations - he doees it because our opposition has lobbied successfully and convinced the politicians. Products and innvoations do not happen by one person but, they evolve. Most of the big products were not developed by one person, but were developed because of teams, implementations, exchange of ideas etc..... Everyone in the supply chain is very important. If there are restrictions just to satisfy anti immigrants and their beliefs, then it will harm competitiveness.
    What is the point in having a bunch of managers when there is no one who is doing actual work?
    Moving people from company to company - this is the best thing that can happen. Consultants are more exposed and are better skilled. I would rather prefer to hire someone who has a beautiful resume with different projects rather than selecting someone who as been at a single place for 10 years who has no clue how outside world looks. Thats why consultants are paid big money.

    If our community does not realise what is going on with us then we suffer like this. It is high time that we realise what is going on.

    Do not trust the Indian American community to help new immigrants. The Indian American community is a FAT community with a lot of money and will care least for new immigrants. In fact they may work against us because they would not like to make it easy for us to compete. Those who are suffering are on their own. The community must realise and come forward.

    Do you have it in you? If yes, come forward today, build your community, make it stronger and lobby hard - there is a lot of hard work to be done



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  • danila
    07-25 08:40 AM
    As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.

    There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].

    This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.

    Thanks

    It is mentioned in the Ombudsman report.




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  • DSLStart
    08-23 10:10 AM
    My friend EB2 is all ONE category. Please see the OR in that sentence.

    to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Its sad but its going to apply for all EB2 applicants.

    I agree.

    Here is INA 203(2)A:


    This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.



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  • santb1975
    05-30 12:42 PM
    We really need to




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  • nk2006
    10-17 02:48 PM
    NK2000:
    Thanks a ton for this great job. I will mail out today

    Thank you sheela - encourage your friends to do the same.



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  • bombay
    02-08 10:07 PM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.

    I am in the same boat as yours. Let me tell you my story and my ways. I hope you may get some idea but it does not mean you can do the same.

    I am a hard working guy, IIT bombay and came to US on 2002( H1B). Prior to that i have a self start business with employees working in India.

    The company where i am working was giving me a tough time with deadlines and i used to work 110 hours every week. I managed to get 1 month vacation in december and start searching for someone from shaadi.com. I had a list of 10 girls born in india(nurse, GC holders) so i started approaching each that i am going to india to get married The first few rejected me and one accepted and i have to book her tickets to india and do all the marriage expenses. The girls parents did not give a penny not purchased few dress for the girl to come and stay in my house for 3 days. My in laws demanded my parents that i should stay at their house for 7 days so i did. During the stay they pointed errors on me and the same thing happened when i came to US with my wife. I was tensed, started skipping lunch and working hard with couple of coffee. At last i was unable to concentrate on my work and used to get drowsy at work. Meantime when i stayed at her parents house they wanted the daughters to buy a house near to their house and after few years come back to india. Which i told a straight NO. After coming to US my wife send $34.5K to india to buy land as forced by her dad. and after one more year her dad asked for 10 lakhs more. Which she send to her dad. They had purchased a house in her brothers name at this point. From marriage till now, we don't have a common bank account, no same last name (its now 2 years after marriage)., I have no idea about her money nor her bank accounts nor credit cards. She has asked me for divorce 2 times, first time after 1 month and later after 3 months after mariage and last month her dad and her brother are asking for a divorce. Her brother send me one email that my side was asking dowry and second email that i am harrasing her. Her brother have send me a intelligent email that can be used against me for divorce or putting me behind bars.

    What i understand from the issues,
    1. If your in laws are uncultured. Whenever you talk use some bad words. No matter what happens.
    2. If they ask you for divorce, tell that you are ready Lets do it today. download the divorce forms from the website and tell that you would gladly do whatever the court tells you to do. you will opt for joint custody of the baby and she has to pay you child compensation as per the laws of united states. (since you have spend more than 1 year in US so you can take divorce here).
    3. If you have to send money to your parents send it. you are a guy and have to take care of your parents. Marriage does not have a meaning if both sides don't work at it and divorce is very common in US. If not today then tommorrow the day will come.
    4. Be bold. don't make your weakness take control over you. If you think you want to move out to a appartment move out. If you think you want to come home and lock yourself in a room till next day do it.
    5. Learn spouse abuse terms and battery types from the internet. Never do anything that will cross that line. My wife started threatingme about spouse abuse just one month after marriage. I started avoiding her totally. My famous dialogue I don't care.
    6. Explain your wife, You know men are weak and i will do everything that is as per law. If we get into a divorce i will accept it and pay the child support or leave this country. What do you want? Make her feel that she is unsecured.
    7. Be careful in laws can be bitches.

    Bottomline :- If you get scared, you will ruin your life. the society won't respect you because you will soon gain a bad temper. Nor your wife will stay with you if you are a failure.

    Anyway, I am married for 2 years, no kids. Not planning anyway for kids . I pray to god that i don't end up like you. The only positive thing is my wife is a GC holder and earns more than me.




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  • Raju
    08-05 09:47 AM
    In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
    Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):

    1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
    2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
    3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
    4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
    5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
    6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
    7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.

    Please feel free to post any questions or clarifications you need before mailing this letter.

    Don't we need the consent of the petitioner (employer)? Please see the line item # 15.




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  • a2006
    07-06 03:00 AM
    [QUOTE=ronhira;462888]lahiribaba - you are my hero. this is the best idea yaar :D[/QUOTE
    good thought
    Why don't you start an initiative and "be the change that you want to see" before blaming others and calling for change. We have seen endless talk in these forums which is probably the easiest thing to do.:mad:




    Asian
    08-10 10:44 AM
    No. It is true to some extent that we are paying more taxes.

    Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.

    If you ever filed your tax return yourself and have a kid, you will know what I mean.

    just one correction:


    I do not think the above is true.




    amdavad
    03-14 07:47 AM
    We received RI. Recruitment period is from 03/19 to 04/18. It seems thing are moving.

    MA/10-2003/TR



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