willwin
07-11 11:18 AM
Nothing against EB2 or other, at least let them enjoy the freedom.
It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3
Paskal is watching you! EB3 deserves this. I am EB3 India 2005, in for a looooong wait for another decade? May be.
And, BTW is somebody hijacking this thread?!?! Not me, Paskal!
It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3
Paskal is watching you! EB3 deserves this. I am EB3 India 2005, in for a looooong wait for another decade? May be.
And, BTW is somebody hijacking this thread?!?! Not me, Paskal!
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wa_Saiprasad
07-20 08:32 PM
I guess the person who created this thread didn't anything else to do on this world. I don't how did he/she come with number. What a waste of time.
chanduv23
09-16 07:04 PM
Hi,
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
Thanks for the contribution and for attending - your toddler is a hero
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
Thanks for the contribution and for attending - your toddler is a hero
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amit_sp
03-04 10:18 AM
In my case; I was offered a refinancing rate that was 0.5% more than what I would pay if I were a GC holder. The reasoning is the short term validity of H1. Ironically I wasn't discriminated 3 years ago when I bought my house. At that time; I even didn't have my labor cert cleared. Now 3 years down the line; I have cleared first 2 stages and applied to I-485; bank charges me more :) Weird!!!!
more...
pani_6
09-12 12:23 AM
I wouldnt mind sending old bata slippers:D to beat themselves with
andy garcia
10-01 05:08 PM
Let us wait for the statement from USCIS
It is a long wait.
First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
It is a long wait.
First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
more...
singhsa3
09-11 03:43 PM
Dear Freinds,
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Note the above does not have an option to add a message so and alternative could be
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
Note: This thread is to solicit you opinions on what steps could be taken by us as a community to bring more transparency and fairness in the USCIS system.
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Note the above does not have an option to add a message so and alternative could be
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
Note: This thread is to solicit you opinions on what steps could be taken by us as a community to bring more transparency and fairness in the USCIS system.
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nyte_crawler
04-25 11:33 AM
Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.
more...
priti8888
07-23 03:32 PM
Wow! Good for you! So when did you apply for your I-485? Please let us know the details so we can compare it with our situation. My husband is EB3 as well with PD Feb 2005 (Philippines). Thanks!
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
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Humhongekamyab
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
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gangster
07-18 01:44 PM
Contributed $100 and will sign up for monthly contrbution.
Thanks again IV and all members.
Thanks again IV and all members.
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bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
more...
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bala50
04-30 04:07 PM
Whatever question you ask -- they will blame it on the summer 2007 surge.
Summary - "Dont expect any improvemnt in USCIS processing for atleast the next two years " -- Mr. Aytes
hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!
Summary - "Dont expect any improvemnt in USCIS processing for atleast the next two years " -- Mr. Aytes
hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!
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Libra
09-10 04:56 PM
thank you, 21k more....com' on we can do this.
Contributed $100 via Google checkout.
Contributed $100 via Google checkout.
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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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addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
more...
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sanjaymk
07-20 03:56 PM
Why can't we have a fax campaign like NumbersUSA and fax the respective senators.
I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.
Thanks,
Sanjay.
I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.
Thanks,
Sanjay.
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Libra
07-06 03:25 PM
aarbi, did you do your medicals, did you loose your work day, did you paid your attorney, did your wife(if any) came back from middle of the vacation, did you had health problem when you done your medicals....did your app got stuck at USCIS for years......
sleepless nights for those people who's answer is YES for most of the above questions
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
sleepless nights for those people who's answer is YES for most of the above questions
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
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jonty_11
07-06 12:58 PM
I see lots of frustration here. July fillers, you will definitely feel good after hearing my story. At least you are not in my situation. Read this: I was eligible to file in June under June visa bulletin. My deshi blood s^#$* employer did not provide me the letter in time. I am in my 7th year of H1B and they refused to provide my I-140 approval copy. I have the receipt# only. Attorney will not give it to me either. Now what should I do. You guys at lest will be able to file may be in future. What about me! Please suggest anyone!! Now I can not go to a new employer also! See, you are in better position than mine.
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
axp817
09-14 11:45 AM
I have to agree with SC3. PD porting from one EB category to another is a provision that falls within USCIS guidelines.
Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.
I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.
And who am I kidding, if I was in their place, I would be doing the same thing.
Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.
I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.
And who am I kidding, if I was in their place, I would be doing the same thing.
GCStatus
09-14 04:16 AM
Please join our hands at "If i can be a little blunt" thread
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