Milind123
09-13 02:24 PM
One more contribution needed for this round. Please make me go from this :( to :D
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Macaca
09-14 06:25 PM
Foreign workers with skills find open door After waffling, the U.S. suspends the wait to apply for green cards (http://immigrationvoice.org/forum/showpost.php?p=127944&postcount=788) By Teresa Watanabe (teresa.watanabe@latimes.com) | Times Staff Writer, July 21, 2007
lonedesi
06-19 03:14 PM
IV Core, please help members like us whose applications are pending at the Atlanta PERM Processing Center. In spite of officials informing that they will reassign their staff to process PERM applications a month back, there seems to be no progress so far. Please help us get out of this mess as our applications have been pending at this center for few months now. We would like to take this opportunity to apply for the next two stages while PD are current. By the way, I had an old case at BEC and got an approval. I just changed my job and reapplied through PERM, and then all of a sudden PD became current. I have been in this mess for 5 years now. It was just an unfortunate timing of my job change that screwed me up.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
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ash0210
06-02 05:24 PM
As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
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Green.Tech
09-14 03:45 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Saralayar
09-01 10:23 AM
Let us see who is waiting for most time in USA.
5 years and counting.
If you can tell your history of Greencard and any tip on applying early would appreciate.
Why don't you create a poll for this?. That will be easier.
5 years and counting.
If you can tell your history of Greencard and any tip on applying early would appreciate.
Why don't you create a poll for this?. That will be easier.
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vparam
09-17 08:59 PM
we are planning to start an LLC as a group of three here......one of them being in india.i was wondering about the tax issues for a member of an LLC if he is based in India.Can he get an tax identification number.thank you.
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
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Libra
09-11 12:15 PM
thank you param_r, ritu_raj and kittu1991 for your contributions.
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gc_on_demand
05-27 03:47 PM
If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
We should do that .. Only fear is people who are contributing 50 will change to 20.. and what if those new members wont contribute ?
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
We should do that .. Only fear is people who are contributing 50 will change to 20.. and what if those new members wont contribute ?
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amitjoey
05-06 03:54 PM
The calls need to be in hundreds a day not 3 or 4 calls a day.
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Winner
05-12 11:30 AM
Called Senator Ensign and Hatch's office again.
They both listened to what I had to say and assured that they will pass the message on to the Senators.
One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.
They both listened to what I had to say and assured that they will pass the message on to the Senators.
One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.
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omeya
07-15 02:31 PM
Here is my confirmation number 7YF9B-2W4XQ
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pappu
03-12 01:48 PM
I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
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pappu
09-11 11:10 PM
Dear members,
It is time now to do a massive mother of all media campaigns and inform every reporter, TV station, Radio station, Magazine and newspaper in this country about the rally.
We start this campaign now and we will continue it until Monday. Media publicity is very important for the success of the rally. IV is already doing an email campaign to hundreds of immigration reporters today. (Ps.This list was compiled by few IV volunteers from various forums and threads. It will not be made public. So if you have any such list do not post on IV.)
Here is what we want everyone to do:
1) Someone pls draft a cover letter/Letters and post on this thread. We need several such letters so that all emails look different.
2) Copy paste press releases from
touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.pdf
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.doc
3) Go to the site-
http://capwiz.com/aila2/dbq/media/
and search for various media offices and people in various states and start sending them emails with the press release.
4) If you already know of other media offices, go to their websites and email them.
5) Do a Google search for ' press release distribution'. Go to each site, create a quick account and submit the press release. This will ensure that internet will be flooded with our rally press releases and more people will know about it.
6) If you want to call media offices, then start calling them. You will get phone numbers from
http://capwiz.com/aila2/dbq/media/
Thanks
IV team
It is time now to do a massive mother of all media campaigns and inform every reporter, TV station, Radio station, Magazine and newspaper in this country about the rally.
We start this campaign now and we will continue it until Monday. Media publicity is very important for the success of the rally. IV is already doing an email campaign to hundreds of immigration reporters today. (Ps.This list was compiled by few IV volunteers from various forums and threads. It will not be made public. So if you have any such list do not post on IV.)
Here is what we want everyone to do:
1) Someone pls draft a cover letter/Letters and post on this thread. We need several such letters so that all emails look different.
2) Copy paste press releases from
touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.pdf
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.doc
3) Go to the site-
http://capwiz.com/aila2/dbq/media/
and search for various media offices and people in various states and start sending them emails with the press release.
4) If you already know of other media offices, go to their websites and email them.
5) Do a Google search for ' press release distribution'. Go to each site, create a quick account and submit the press release. This will ensure that internet will be flooded with our rally press releases and more people will know about it.
6) If you want to call media offices, then start calling them. You will get phone numbers from
http://capwiz.com/aila2/dbq/media/
Thanks
IV team
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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Maverick1
11-09 11:52 AM
I don't have a PERM case pending so no personal gain for me here. But it is unfortunate to see the trend here and it looks like another backlog center is being created (Got myself struck at BEC before and lost opportunities). Do we know whether IV is working with DOL on this ? Any progress ?
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gccube
07-18 03:55 PM
That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
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alterego
06-10 08:27 AM
This is really dissapointing. Eb2 India has not moved at all. EB3 now unavailable. EB3 ROW now unavailable.
When the reach the next fiscal year, things will be worse than now for EB India due to the loss of spillover.
The need for visa recapture is now more than ever.
When the reach the next fiscal year, things will be worse than now for EB India due to the loss of spillover.
The need for visa recapture is now more than ever.
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csriram45
09-09 05:59 PM
Came to US in Aug 1997. My first company start up closed in 2002 recession and so joined another which by the time started the process etc.. delayed till Sep 2004 PD with EB3.
13 years in the US and waiting....
13 years in the US and waiting....
addsf345
11-24 03:36 PM
Here is the link to USCIS AC21 memo from 5/30/2008:
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
meminime
11-30 02:47 PM
Thanks for all the info about interfilling guys, very useful .
I have EB3 Nob/04 with I40 approved and AOS in progress.
Apllied EB2 10 months ago and got labor (6 months prep + 3 months in filling) + I140 approved (in 2 days)
with prem processing.
I'm also in the same boat as others, not clear as to what one has to do for porting/interfilling, I will let the attorney decide if he/she needs to submit a request or it will be automatically linked to the current 485.
Please keep us updated on your progress which is more helpful than attorneys and SOPs followed by USCIS, thanks.
SM.
I have EB3 Nob/04 with I40 approved and AOS in progress.
Apllied EB2 10 months ago and got labor (6 months prep + 3 months in filling) + I140 approved (in 2 days)
with prem processing.
I'm also in the same boat as others, not clear as to what one has to do for porting/interfilling, I will let the attorney decide if he/she needs to submit a request or it will be automatically linked to the current 485.
Please keep us updated on your progress which is more helpful than attorneys and SOPs followed by USCIS, thanks.
SM.
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