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  • ras
    08-14 11:28 PM
    Starting this thread to track the number of people who applied Multiple 485





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  • Berkeleybee
    05-24 12:35 AM
    Catching up after a long day -- excellent job Salil! Love the idea of using the poster in the photo.

    best,
    Berkeleybee





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  • need_EAD
    05-18 02:56 PM
    Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!

    She was a weekly columnist for Express Computer on immigration topics.

    nnair@nair-law.com
    www.nairlaw.com





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  • Texascitypaul
    02-23 04:24 PM
    I just like to add that if your wife is not making enough money, then you have to find someone who can provide affidavit of support along with the filing of green card for you.

    1. You are entitled to file adjustment of status application.
    2. Affidavit of support is required for anyone who files green card application.

    Good luck.

    Just to clarify

    I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
    Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?

    Thankyou very much for your response it is much appreciated

    Paul.



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  • thomachan72
    04-18 12:19 PM
    Does your husband currently have a valid H1b visa "STAMPED" in his passport??





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  • h1b_tristate
    07-27 11:22 PM
    ^



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  • schandra
    12-01 05:44 PM
    Thanks Better_Days for the reply.
    It is response like these that give us some hope to this never ending quest.

    It is good to know that you can file a New PERM and a second I-140.
    But do you know whether we can file a New I-140 on the basis of the original labor instead of filing a New Perm? I ask this bcoz in cases like mine where i have already exhausted 6yrs, would be difficult to file a PERM now.
    I see in some other thread, they did file a new I-140 and they were requested to first withdraw the Appeal, but in that case, do we know whether the new I-140 was approved first before we withdraw?





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  • eilsoe
    10-03 12:12 PM
    Yep!! :P

    About that, I wanted to place something on the left side.. just dunno what, and i changed yer bubbles to an aqua style instead, with a "big" color dodged glow...

    looks weird...



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  • lostinbeta
    09-05 10:13 PM
    Nice new footer too dan. I likes.....





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  • mrajatish
    05-21 12:34 PM
    How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

    An USCIS memo in mid 1990's had this:
    The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
    I was just searching uscis.gov and I found this very interesting !
    Now the question is: Who is wright?

    Check this out!

    d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



    " The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



    Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



    The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.



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  • immi2006
    08-21 09:40 PM
    All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?

    So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.

    Hope u got the point...





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  • ghost
    02-07 03:13 PM
    Hi
    I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?

    Thx

    It's a long discussion but the summary in the last 2-3 mins suggests that
    a) the temporary worker visas issue should not be tied to backlog reduction issue
    b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
    c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
    d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.

    You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.

    Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!



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  • pak
    07-12 08:56 AM
    Please visit

    http://www.congress.org/congressorg/mailapp/

    enter your address to find the senetor of your area.

    Fill up your contact info.

    Paste the templet:

    I am a highly-skilled professional who entered this country legally. I've
    been waiting for my US permanent resident visa -also known as "Green Card"
    for the past several years along with 500,000 other educated, highly
    skilled employment based (EB) immigrants. Many of us have been waiting for
    our turn to get Green Cards for 5-10 years while consistently abiding by
    all the laws of this country. Such long delays are due to tortuous and
    confusing paper work, backlogs due to various quotas and processing delays
    at US Citizenship and Immigration Service (USCIS), other allied state and
    federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers were
    unavailable ("retrogressed") since the fall of 2005. For the past several
    decades, the US Department of State (DOS) has been publishing advisories
    known as visa bulletins once a month to announce the availability of
    immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
    DOS announced that all EB visa numbers would be "current" for the month of
    July. This meant, irrespective of our "priority date" (date assigned to us
    for our turn in the line for Green Cards), all of us were made eligible to
    apply for some interim immigration benefits. This "priority date" refers
    to the date when our labor certification (documentation verifying no US
    citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate
    green card for most of us; but at least it would have ensured us interim
    benefits such as the right to travel and right to work for any employer-
    this was still a welcome change. Especially, for dependent spouses who are
    otherwise unable to work, this would have translated into right to travel
    and work without restriction and thus channel their energies positively.
    Several dependent spouses are also highly-skilled.

    Tens of thousands of applicants spent thousands of dollars in legal fees,
    immigration medical exams & vaccinations & getting various supporting
    documents ready to file our immigrant petitions to USCIS, at times
    inconveniencing our old parents in our home countries as well. It has been
    an agonizing two weeks for us. Some of us to had to fly in our spouses
    from our home countries or have had to cut short business trips. Hundreds
    of millions of dollars were spent by thousands of immigrants in
    preparation of their application. To our shock and dismay, on the morning
    of July 2nd 2007, USCIS announced that EB visa numbers were not available
    and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and
    disheartening experience. These are people that are in the country
    legally, paid taxes and followed all the rules.

    We sincerely seek immediate congressional/ legislative remedial measures
    which would (1)Reduce the enormous backlogs of green card petitions of
    legal skilled immigrants (2)Ensure and request USCIS not to reject our
    immigrant visa petitions filed in July and provide us interim benefits of
    a pending immigrant visa petition. We make this sincere request with the
    hope that people who played by the rules will be rewarded.

    Sincerely,


    XX

    You will receive confirmation from senetor's office.

    Thanks





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  • thomachan72
    09-07 09:59 AM
    you also should note that the writer does not talk about NRE / FCNR accounts at all. The interest income from these accounts has been declared completely exempt (no matter how much) from income tax. So on one hand you have accounts which are completely exempt and on the other (NRO) you are going to tax more???



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  • GCBALAK
    03-18 12:57 AM
    I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.

    I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.

    My questions:

    1) Can I start / partner with a friend who is a US Citizen?

    2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).

    3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc

    4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.

    5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.

    Any tips / advice from the experts will be highly appreciated.





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  • crystal
    06-15 03:33 PM
    My wife has changed her status from H4 to F1 in last
    year. She will be on F1-studies till July mid
    of this year. Few weeks back she got her EAD for her
    F1-OPT, which will start on Aug 15 of this year.

    As I am going to file AOS for her and also EAD, will
    she able to work on her OPT-EAD till she gets her
    I-485 EAD? Or She need to wait till she gets her
    I-485 EAD to work?

    As far as I know she need to wait till she gets her EAD of 485.
    I sent a mail to lawyer he did not respond yet.
    She is going to meet her international advisor on this sometime next week
    , but he does not seem to be an expert in this area.

    any ideas on this one?



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  • BPforGC
    05-12 04:29 PM
    Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.

    This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.

    God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.

    Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.





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  • nk2006
    10-16 03:56 PM
    Hi
    Therefore how much would be the time
    from after the application will I be able to change my status from H1B
    to permanent resident and recieve my greencard? Does the premium
    processing shorten the time?

    Kambi
    Kambi,
    First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.

    I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.

    IV core/pappu,
    You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.





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  • shaikhshehzadali
    12-28 09:14 AM
    I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.

    Which world are u? These dates are there online for more than 2 weeks now.





    ArkBird
    06-24 06:07 PM
    Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.

    If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)

    Cheers

    ArkBird

    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance





    garybanz
    09-26 04:19 PM
    Which number did you call to get the recipt numbers? What info did you have to provide?

    Thanks.



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