Saburi
03-03 03:30 PM
MDix,
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.
Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.
I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.
Sorry if i was too loud and noisy.
Best Regards
Saburi
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.
Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.
I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.
Sorry if i was too loud and noisy.
Best Regards
Saburi
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jung.lee
04-04 06:55 PM
What is the difference between LLC and C Corp.
which is better to open out of the two if we are in EAD.
The easiest to read, most succinct source I have found is through Quicken:
PDF:
http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf
or
HTML:
http://www.mycorporation.com/comparison.html
Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.
which is better to open out of the two if we are in EAD.
The easiest to read, most succinct source I have found is through Quicken:
PDF:
http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf
or
HTML:
http://www.mycorporation.com/comparison.html
Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.
ramus
06-02 04:54 PM
Southsky.
Nothing going to happen just with Pray.. We need to help our self.. Please contribute to IV and also send web-fax..
We have to do this now or it might be too late..
Please ask your friend to join IV.
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
Nothing going to happen just with Pray.. We need to help our self.. Please contribute to IV and also send web-fax..
We have to do this now or it might be too late..
Please ask your friend to join IV.
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
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austingc
04-28 01:56 PM
its generally the case, where these loan officers doesn't understand the Immigration process.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
Dont worry. I mortgaged through BOA and everything went well with my AOS and I am closing next week.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
Dont worry. I mortgaged through BOA and everything went well with my AOS and I am closing next week.
more...
lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
jetflyer
02-24 08:29 AM
Your situation is similar to mine and I am sure lot more IVans are going thru the same.
I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.
Good Luck & hang in tight.
I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.
Good Luck & hang in tight.
more...
pappu
08-02 11:38 AM
When you have these news articles ready...one of the easiest way to circulate them is using a news wire agency.
I have used http://www.prweb.com/ before for my company news releases. It is free and if you want a broader reach pay $80. It is very effective.
It is a good idea to release it when something related to immigration is going on in senate or house. During this time, all major news network pickup articles from these wires based on keywords like "immigration, border issue etc"
So make sure you add appropriate keywords when you do the release.
Thank you for the suggestion. Having a press release is a good idea when IV does something or any legislative event happens, IV can issue a press release at that time with an opinion.
I have used http://www.prweb.com/ before for my company news releases. It is free and if you want a broader reach pay $80. It is very effective.
It is a good idea to release it when something related to immigration is going on in senate or house. During this time, all major news network pickup articles from these wires based on keywords like "immigration, border issue etc"
So make sure you add appropriate keywords when you do the release.
Thank you for the suggestion. Having a press release is a good idea when IV does something or any legislative event happens, IV can issue a press release at that time with an opinion.
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java4yogi
08-15 08:13 PM
Hi guys,
Some of the old timers could benefit with this thought, if things move forward slightly for EB3
http://immigrationvoice.org/forum/showthread.php?p=278068#post278068
Some of the old timers could benefit with this thought, if things move forward slightly for EB3
http://immigrationvoice.org/forum/showthread.php?p=278068#post278068
more...
nixstor
03-13 11:59 AM
How long does it take to receive the cert in mail?
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san1007
12-26 10:48 PM
I filed the AP on July 25 and receipt date is Aug 26. Still didn't get the AP. Few of my friends applied after me got AP already. Don't know what is going on
more...
wa_Saiprasad
07-18 01:02 PM
So that puts on to 350$ and 50$ monthly. Common people lets us all donate to help urselfs.
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m306m
07-16 10:48 AM
I pledge $10 if we reach $2000 today
Keep going folks.
Here is my pledge on reaching $2000
Amount: $10.00
Pay Date: 07/21/2008
Conformation: 7YHYJ-JXFDK
Memo: High 5 fund drive
Bank: Wachovia
Keep going folks.
Here is my pledge on reaching $2000
Amount: $10.00
Pay Date: 07/21/2008
Conformation: 7YHYJ-JXFDK
Memo: High 5 fund drive
Bank: Wachovia
more...
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shreekhand
07-18 12:14 AM
Guys...all applications are pre-adjudicated irrespective of whether a PD is current according to the receipt date.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
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kshitijnt
04-30 03:59 PM
Aytes basically gave a message, if you legislate we will slow it down through administration.
He doesnt want to be bothered.
He doesnt want to be bothered.
more...
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msp1976
12-18 02:58 PM
.....WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION....
Hit them where it hurts the most.
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
Hit them where it hurts the most.
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
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november
09-10 07:04 AM
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
more...
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snathan
08-24 11:22 PM
i had put up the previous two posts on this page asking about relief for Schedule A professionals in 2008......time has passed by but nothing has changed.....no sight of any relief or any schedule A bill........missed the july 2007 fiasco due to employer insisting on 40 day cool off period........have been in US for 6 years......no sign of EB3 india being even close to Oct 2007 (my PD)........employer has refused to file EB2 point blank.......no other employer ready for EB2........spouse on h4 visa since oct. 2006......have lost all hope and just going through the motions......is there light at the end of tunnel???
I dont have any idea about Schedule A. Did you take part in the poll - want to file I-485 gather here. We are actively working on this. If you want to participate send mail to IV coordinator.
I dont have any idea about Schedule A. Did you take part in the poll - want to file I-485 gather here. We are actively working on this. If you want to participate send mail to IV coordinator.
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ashutrip
06-19 10:09 AM
Also, please contact this person:
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
i just called her she passed the buck to 404 893 0101
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
i just called her she passed the buck to 404 893 0101
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srinivas_o
09-16 06:45 PM
I have made one time of contribution of $100 through PayPal.
Here are the details.
Confirmation Number: 3YE50599L7886501J.
Due to some personal reason, I am not able to make it to Rally, but my heart felt best wishes to everyone.
Here are the details.
Confirmation Number: 3YE50599L7886501J.
Due to some personal reason, I am not able to make it to Rally, but my heart felt best wishes to everyone.
glus
04-30 02:23 PM
its working now...
Napoleon
03-11 01:25 AM
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."
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?
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."
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?
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