jonty_11
09-10 03:04 PM
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
no....if u hae been around long enough u know this is how USCIs works...with no regard for Rules...as they are not working for a VOTE BANK.....
Last year therer was the July VB fiasco..Thisyear its this...no surprises at all...they dont want to follow process...coz OMG that will need effort...just approve those whose files u can lay hands on.....with utter disregard for PDs....
no....if u hae been around long enough u know this is how USCIs works...with no regard for Rules...as they are not working for a VOTE BANK.....
Last year therer was the July VB fiasco..Thisyear its this...no surprises at all...they dont want to follow process...coz OMG that will need effort...just approve those whose files u can lay hands on.....with utter disregard for PDs....
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vayumahesh
12-02 10:38 AM
GeetaRam,
I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.
I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.
vparam
09-30 11:14 AM
This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
yes, you should be able to jump as many organization as you like...
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
yes, you should be able to jump as many organization as you like...
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franklin
07-23 06:44 PM
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
Original poster has corrected the dates, however, as you can see, certain categories were retrogressed long before Oct 05
http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
Original poster has corrected the dates, however, as you can see, certain categories were retrogressed long before Oct 05
http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
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leoindiano
04-30 10:10 AM
Good info....cant wait to see what they have to say....
anujcb
03-09 10:47 AM
indio, which title are they ralking abt? right now?
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GCVictim
09-08 02:34 PM
In india, Real estates brokers are increasing land prices and apts because... of NRIs. NRI's money is coming to india like anything... So simply they are increasing... Those land are less than 50% on current price...
NRI are cheating by these real estates brokers....
NRI are cheating by these real estates brokers....
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himu73
07-15 08:34 PM
Contributed 20$ , Reference number: 10397
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ArkBird
03-05 09:28 PM
My PD is March-2003 and I didn't get the labor cleared till Late 2006
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
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gccube
07-18 04:15 PM
Assuming that the date is retrogressed from 'C' to 2000 Jan, they start accepting the AOS apps with that PD and then do we assume that they are also working on them or say they donot work on it until the receipt date becomes current.
If the answer to the question above is 'NO' (that is the receipt date has to become current to adjudicate an AOS app, ofcourse PD has to be current too) then why is that USCIS accepting apps with a specified PD cut off date. In this case I am not looking at the people who are already in the room but am wondering why they are letting more people into the room, particularly when there is no room.
If the answer to the question above it 'YES', that means PD does play a significant role in the AOS adjudication process when there is retrogression, in my opinion.
If the answer to the question above is 'NO' (that is the receipt date has to become current to adjudicate an AOS app, ofcourse PD has to be current too) then why is that USCIS accepting apps with a specified PD cut off date. In this case I am not looking at the people who are already in the room but am wondering why they are letting more people into the room, particularly when there is no room.
If the answer to the question above it 'YES', that means PD does play a significant role in the AOS adjudication process when there is retrogression, in my opinion.
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Libra
09-11 11:37 AM
thank you ramprabhum.
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vparam
09-18 09:41 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
more...
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flthere
08-12 02:13 PM
I'd say that some small-medium companies either in India or the 50-50 US bodyshops will happily ask the prospective-H1b to pay up Rs. 1,00,000 towards Schumer's fees :D
Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?
Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)
Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?
Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)
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kamdard
09-01 12:38 PM
Applied GC in MAY 2002 in EB3-I. Been with the same company, same job etc...
Labor cleared in MAY 2007.
Applied I140 and I485 in June 2007.
I140 approved in SEPT 2007. Since then am with AP and EAD.
Hope this helps.
Regards,
DK.
Labor cleared in MAY 2007.
Applied I140 and I485 in June 2007.
I140 approved in SEPT 2007. Since then am with AP and EAD.
Hope this helps.
Regards,
DK.
more...
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asdfred
08-12 01:27 PM
they are not approving h1s for consulting companies anyway
2k more is not back breaking..the attitude and the politics of it are disturbing
*edit
2k more is not back breaking..the attitude and the politics of it are disturbing
*edit
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go_guy123
07-20 10:09 AM
He did not voted
Clinton / Obama will never vote in favor of H1B / EB immigration now as they are running for election.
Clinton / Obama will never vote in favor of H1B / EB immigration now as they are running for election.
more...
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hopefullegalimmigrant
01-07 02:58 PM
The agony is understandable. Even I set my vacation based on an anticipatory AP receipt. I even asked around what are the various methods for accountability that we can hope for but one one seemed to respond excpect for one or two members.
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syendu1
01-07 01:16 PM
I am on EAD and no H1B. I am looking for a house to buy. But wonder sometimes if I should wait till GC.
I have pending 485, used Bank of America for my home loan. No problems whatsoever. And, I know loads of people who have bought homes while on H1B or pending 140/485. I believe 2009-2011 will probably be the best time to buy a home. If you can afford it and if you have job security, then you must buy one (rent it if you dont want to live). The aprs available currently is unbelievable (of course, good credit history and the amount you put down will decide mainly).
I have pending 485, used Bank of America for my home loan. No problems whatsoever. And, I know loads of people who have bought homes while on H1B or pending 140/485. I believe 2009-2011 will probably be the best time to buy a home. If you can afford it and if you have job security, then you must buy one (rent it if you dont want to live). The aprs available currently is unbelievable (of course, good credit history and the amount you put down will decide mainly).
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abhishek101
09-01 03:24 PM
Landed in july 2000
Changed employer in nov 2000
Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.
Started process in August 2002, Finally labor was filed in March 2003
May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(
Finally labor was approved in 2005.Got 140 approved in Jan 2006.
Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.
Got married in Nov 2008.
Company bought another company in 2008 and the merger resulted in job loss again in April 2009.
Was lucky enough again to find another job in the company.
Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.
Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.
Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.
Finally boss agreed to start the new GC in EB2 in July 2010.
Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.
Started the process with the lawyer but since it is a big company all processe take forever to begin :(
Changed employer in nov 2000
Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.
Started process in August 2002, Finally labor was filed in March 2003
May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(
Finally labor was approved in 2005.Got 140 approved in Jan 2006.
Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.
Got married in Nov 2008.
Company bought another company in 2008 and the merger resulted in job loss again in April 2009.
Was lucky enough again to find another job in the company.
Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.
Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.
Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.
Finally boss agreed to start the new GC in EB2 in July 2010.
Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.
Started the process with the lawyer but since it is a big company all processe take forever to begin :(
Winner
05-04 11:47 AM
Just called Senator Judd Gregg and conveyed my message.
cheg
07-23 05:53 PM
You're very observant. :) My husband depends on me to know our case. I'm H4 so all I do is read updates on immigration. I got addicted to IV! :D
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
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