Sunday, June 26, 2011

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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...)???




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  • astral1977
    07-28 11:21 PM
    Yes, it was Atlanta PERM center. I work in Delaware and all the cases go to Atlanta.

    are u sure it was atlanta center? they seem to be moving but 2 day approval would be so hard to believe.... not doubting you....just my own ears..well eyes in this case cause am reading




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  • vdlrao
    06-10 12:48 PM
    It is simple. If the number of pending EB2 Apps before April 1st 2004 (India and China combined) is less than the number of spill over visa numbers, then there will be some forward movement in EB2 next month. If not, the dates will remain the same or may even retrogress.

    what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.




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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



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  • bigboy007
    06-03 01:40 AM
    I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:

    ================================================== =

    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.


    ----------------------

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • sam_hoosier
    08-26 01:47 PM
    I know this is not the Forum to discuss this matter.

    But I hope this should answer some questions

    1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
    then it is Tax deductible because they send out a 1040 at the end of Tax year.

    2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.

    I am not sure thats correct.

    Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
    (please consult your tax advisor for applicability to your specific tax situation).



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  • gcfriend65
    01-03 12:13 PM
    Maybe they are referring to Notice date and not Receipt date.

    I checked with NSC today regarding our AP filed on Oct 8th, 2007. I was told that they are processing September 16th right now and it would be few weeks before they get to mine.

    Thanks




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  • Libra
    09-10 04:50 PM
    thank you meandmygc please post your info on this thread someone will contact you. thanks.

    http://immigrationvoice.org/forum/showthread.php?t=12441



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  • jeevarakkiannan
    07-19 11:55 AM
    Secure $50 Per Month Recurring Contribution
    $50.00 USD for each month
    Effective Date: Jul. 19, 2007 $50.00 USD

    Thank you core team for your sacrifices.




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  • mayitbesoon
    08-07 10:32 AM
    It is so true. BEC victims are now I-140 backlog victims. It might help if IV can campaign for I-140 premium processing for BEC backlog victims. Ours is EB2 2003 from PBEC. LC process took 4 years. We are still waiting for I-140 to be approved while they are approving GCs for 2006 filers. It is absolutely unfair game by USCIS.



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  • susie
    07-15 12:12 PM
    I thought about posting my case details and now the complaint has been filed feel it is only fair to share with others as my case could set a presidence for others


    I will keep story as points for ease


    1. Husband moved to the USA in 1998 on L 1 inter company transfer

    2. In 2000 company applied for I 140 for husband and approved May 2001

    3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.

    4. Son abroad became 21 years in April 2002 and also subject to patriot act.
    His I 824 was pending at enactment of CSPA.

    5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )

    6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004

    7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out

    8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.

    9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.

    10, In early 2006 husband became unwell and passed within a matter of a few weeks


    As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono

    The complaint was filed March 2007, on the basis the first I 824 was denied in error.

    The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.

    There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all




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  • psaxena
    08-12 03:14 PM
    This bill is purely on the theory of Common man vs politician
    What is a politician?
    Politician is a contaminated breed of Human species. Here's the difference.

    When a common man see the problem, he tries to make a resolution and tries to make a permanent solution helping everyone.

    Now what does a politician do.. he see a problem and think how can he pretend to get a resolution while trying to make use of the problem for his political advantage hurting everyone and even hurting who were not effected by that problem and then use the same cycle to resolve the residual problems of the so called "solution" for his gains.. and this goes on and on and on.

    Moreover the worst part of the story is no matter where you go in this world, you will find this weed growing everywhere and there is no weed control chemicals to kill them and surprisingly common man is a fertilizer to grow it.



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  • mirage
    08-04 11:59 AM
    I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Emplyee can bear all the GC related cost.
    EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
    If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...


    I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.



    2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.



    That was your choice.



    H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.



    One hand, you are saying guessing and still insist that it is based on facts.




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  • needhelp!
    09-13 02:57 PM
    Anyone can do this!
    The AILA media link is great, easy to do. Just type in your zip code and you will get a list of all news papers/radio stations/TV stations in your area.
    Just personalize the email and submit submit submit



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  • Libra
    09-10 01:36 PM
    Thank you guys, you guys are the best. It would be really great if you all can make it to rally. who can't make it, thanks for contribution.




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  • shilpianand
    08-10 05:49 PM
    NSC processed our case and we mail that on june 30th , uscis recd. the same on 2-july-07

    our recd. number starts from LIN 072275####



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  • drirshad
    06-10 08:19 AM
    I was watching one of these stand up comedy:

    The guy says, why do the diamond companies come out with logos like

    Diamonds are forever, just say Diamonds - that will shut her up.

    The EB-GC is like the diamond for us buddies, it will sure shut us up.

    We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.




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  • watcher
    09-09 02:32 PM
    I could not attend the rally due to work schedule. However, here is my small contribution. Great work IV, and all the best.

    $100
    Google Order #529545486966288




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  • gc26
    07-06 07:27 AM
    Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !




    rsdang
    04-02 10:18 AM
    I hear you and for most part agree with you that USCIS - However bad they may seem - is still one of the best run government agencies...

    No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...

    Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...




    amitjoey
    07-18 04:56 PM
    Questions about disclosure of funds.
    Please check this video for answers

    http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0

    http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0



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