gjoe
10-03 04:47 PM
We have to first fight to get all visa number allocated. How?
1) Assign visa numbers to all I485 cases based on PD at the begining of each year
2) After assigning the visa number they can do the rest of the processing
3) If application is denied they can transfer the visa number to the next application in queue as per the PD
I think this is a good start and fair system which would slove some of the problem we have today.
We can work on getting the backlog eliminated seperately because this issue is going to take lot of efforts, money and politics.
1) Assign visa numbers to all I485 cases based on PD at the begining of each year
2) After assigning the visa number they can do the rest of the processing
3) If application is denied they can transfer the visa number to the next application in queue as per the PD
I think this is a good start and fair system which would slove some of the problem we have today.
We can work on getting the backlog eliminated seperately because this issue is going to take lot of efforts, money and politics.
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fshah
07-06 07:22 AM
Dugg, posted comments and e-mailed it to my friends. Thanks.
honeyB
01-23 02:25 PM
AP filed on august 16th still waiting for approval
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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...)???
more...
GCAmigo
08-02 03:44 PM
I have talked to a representative and he very patiently explained me about the mess.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
DELUGE!
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
DELUGE!
r_mistry
01-03 12:05 PM
If they are processing september 16th then we should have received our APs long time ago.
Please provide me the info on contacting NSC. I need to find out what's going on with my application
Thanks for your help !!!
Please provide me the info on contacting NSC. I need to find out what's going on with my application
Thanks for your help !!!
more...
laborchic
10-15 12:43 PM
Has anyone taken any lawyer opinion on this?
I know vparam has done it. but has anyone else gone through same procedure..
I know vparam has done it. but has anyone else gone through same procedure..
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WaldenPond
11-05 12:47 PM
Hello Jimi,
Thank you for taking the lead in southern California. Activating State Chapters is a great idea. We all need to be more active in our local areas. This will help a long way in connecting with other IV members to create more awareness and ultimately achieve success.
Thanks again,
WaldenPond
Thank you for taking the lead in southern California. Activating State Chapters is a great idea. We all need to be more active in our local areas. This will help a long way in connecting with other IV members to create more awareness and ultimately achieve success.
Thanks again,
WaldenPond
more...
tikka
07-05 01:34 PM
I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.
Today I made my first $100.00 contribution to IV. Go IV!
for your contribution :)
Today I made my first $100.00 contribution to IV. Go IV!
for your contribution :)
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satyasaich
03-08 10:38 AM
senator from Kansas:amendment to eliminate visa cap for nurses and therapists.
Oneway, it will be good for EB visas i guess
interesting to listen this judiciary meeting
stay tuned
Oneway, it will be good for EB visas i guess
interesting to listen this judiciary meeting
stay tuned
more...
devahusain@yahoo.com
12-27 09:39 PM
1. Please throw your valuable thoughts on I-9 Employment autorization. My daughter is got a job and recuruiter asked for I-9 ( immigration document).
Do you need to print from INS office and fillup and send to respective college or INS.
2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.
Do you need to print from INS office and fillup and send to respective college or INS.
2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.
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uma001
09-27 09:44 AM
Landed on 03/1997 on H1B. Didn't file for GC until 2003 as plan was to work for 2-3 years, get into an MBA program, and then go back.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.
more...
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NKR
06-25 12:56 PM
Fully agree with you.
A thought comes to mind on reading your post.
Is that what the average Amrican wants us to do? Do they want us immigrants to be kept away from participating in innovation? Do they want us to keep working mundane jobs? Do they want us to lag behind them?
This is just a speculation no hard proofs but only a thought.
Isn�t this what the American companies want?. They get qualified people who keep doing the same job for less and churning millions for the companies. Also, the big companies are fighting to get H1s quota increased, they do not care about whether these people get GCs are not, being in H1 for long serves them right.
Isn�t this what many people here want?. They can boss over us for many years even if you are more qualified then them since you cannot change your profile.
Isn�t this what the government want?. American companies are making money, many people are happy. Then why change the situation?.
How much percent of the immigrants who get GC go on to become innovators and start their own company?. I would say less than 10%, that also could be a far fetched figure.
America gains more than it loses.
A thought comes to mind on reading your post.
Is that what the average Amrican wants us to do? Do they want us immigrants to be kept away from participating in innovation? Do they want us to keep working mundane jobs? Do they want us to lag behind them?
This is just a speculation no hard proofs but only a thought.
Isn�t this what the American companies want?. They get qualified people who keep doing the same job for less and churning millions for the companies. Also, the big companies are fighting to get H1s quota increased, they do not care about whether these people get GCs are not, being in H1 for long serves them right.
Isn�t this what many people here want?. They can boss over us for many years even if you are more qualified then them since you cannot change your profile.
Isn�t this what the government want?. American companies are making money, many people are happy. Then why change the situation?.
How much percent of the immigrants who get GC go on to become innovators and start their own company?. I would say less than 10%, that also could be a far fetched figure.
America gains more than it loses.
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unseenguy
02-13 10:35 PM
The conversation transcript in order:
What are you waiting for
Originally Posted by snathan
Quote:
I am still waiting to see your contribution. Do you need any help to write the check.
Originally Posted by unseenguy
Quote:
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
Originally Posted by snathan
Quote:
It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.
Are you just another junk in IV...?
Originally Posted by unseenguy
Quote:
You are being mean to me and untrustworthy. I have no time for kids.
Originally Posted by snathan
Quote:
i dont need to be trustworthy for ur million $$$...you are just another junk for IV
Originally Posted by unseenguy
Quote:
A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
Originally Posted by snathan
Quote:
I dont have time for stingy junks...get lost in to
Vacuum
What are you waiting for
Originally Posted by snathan
Quote:
I am still waiting to see your contribution. Do you need any help to write the check.
Originally Posted by unseenguy
Quote:
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
Originally Posted by snathan
Quote:
It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.
Are you just another junk in IV...?
Originally Posted by unseenguy
Quote:
You are being mean to me and untrustworthy. I have no time for kids.
Originally Posted by snathan
Quote:
i dont need to be trustworthy for ur million $$$...you are just another junk for IV
Originally Posted by unseenguy
Quote:
A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
Originally Posted by snathan
Quote:
I dont have time for stingy junks...get lost in to
Vacuum
more...
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mayitbesoon
08-12 04:28 PM
We are in the same situation. Big Company. They dont really care about how much our application is delayed
Employer would not sign form 7001. Instead,can we complete the form 7001 for I-485 delay. the reason behind this is probably I-140 pending. Our priority date has been current for months. EB2 Dec 2003. InfoPass IO says that NC, BC are cleared. Do you think that this will help?
One more thing. InfoPass IO told that our application has been transferred from TSC to NSC, then back to TSC and again transferred to NSC in March 2008. But online status has no LUDs since we gave FP in Jan 2008. Online status shows that our application is pending at TSC . This is confusing and i dont know where the application is. Can we also enquire about this situation using form 7001?
Thanks.
Employer would not sign form 7001. Instead,can we complete the form 7001 for I-485 delay. the reason behind this is probably I-140 pending. Our priority date has been current for months. EB2 Dec 2003. InfoPass IO says that NC, BC are cleared. Do you think that this will help?
One more thing. InfoPass IO told that our application has been transferred from TSC to NSC, then back to TSC and again transferred to NSC in March 2008. But online status has no LUDs since we gave FP in Jan 2008. Online status shows that our application is pending at TSC . This is confusing and i dont know where the application is. Can we also enquire about this situation using form 7001?
Thanks.
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9years
10-29 09:08 AM
Quite possible. Best of luck.
more...
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ind_game
05-19 04:54 PM
FINAL UPDATE
HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
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rkotamurthy
12-28 06:21 PM
I just registered on this website today. I like the professionalism and commitment of the members on this forum. I would like to contribute to the efforts in promoting the cause. Please let me know any activities/campaings planned by So Cal members.
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gctest
09-13 04:10 PM
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
Here is the form you can fill out to express support:
http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
View the read only document here:
http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
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.
Here is the form you can fill out to express support:
http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
View the read only document here:
http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
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.
reddymjm
07-14 10:31 PM
I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I am a JUN filer. JUL 07 killed me.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I am a JUN filer. JUL 07 killed me.
IAMINQ
04-02 02:36 PM
I received my labor approval in dec 2005 from Philadelphia Backlog Center
Priority Date: March 2004, EB3
Filed from Philadelphia Region.
Priority Date: March 2004, EB3
Filed from Philadelphia Region.
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