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  • rameshavula
    01-12 03:59 PM
    EB3 RIR, Pennsylvania
    Sep, 2004




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  • gbof
    03-05 07:08 PM
    While EAD filed during June/July 08 for Primary & Dependant got approved with 2-year validity. But, dependant daughter's EAD filed in Jan09 was approved last week with 1-year validity. Does it mean with PD of 10/05 AOS approval is coming in months? Any Thoughts?




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions




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  • hebbar77
    09-10 06:42 PM
    28.6% of 7% of 140,000 per quarter is 700 not 2450.

    I greatly appreciate people doing visa number math. But guys, you are wasting your time. These guys dont do any math nor logic in the process.



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  • ashutrip
    06-20 11:50 AM
    This is a really good site that shows the trends for everything (PERM, H1 transfer etc). Although the accuracy depends on the number of people who add their cases, it was almost exact to the day for my H1 transfer.
    it shows jan case still pending!!!!!!!!!!!!1:(




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  • GCBy3000
    01-03 04:22 PM
    Good luck.

    I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.

    If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.

    Its very interesting reading everyone's stories. To me GC represents freedom. Freedom to work for whom you want to, in a field you want to, not to work for someone you don't want to. To start your own buisness, to do all those things which US is known for. This country encourages entrepreneurs and I would like to be one, one of these days :).



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  • chi_shark
    03-04 02:02 PM
    Thank you for posting it.

    Any one else with recent LUDs/RFEs on their pending I-485 ?

    me and my fam got lud on everything in nov last year.




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  • bajrangbali
    06-11 11:09 AM
    You must be CEO, CFO or something like that... very impressive..

    It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
    And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.



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  • alanoconnor
    01-23 06:16 AM
    pd dec 03
    rir
    case "in process"




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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



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  • wandmaker
    06-04 09:22 AM
    I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.

    As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.

    "This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."

    Zappy, thank you for your generosity and support for IV.

    Wakeup Folks




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  • semiGator
    01-11 08:48 AM
    I had a similar problem last year. Could not get the needed loan and finally gave up arguing with the 2 loan officers from 2 banks. Sorry can't give a cheerful picture:(



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  • needhelp!
    06-19 07:15 PM
    2 - year EAD was officially announced. How about a small thank you contribution?




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  • JazzByTheBay
    09-29 08:01 AM
    2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!

    Hahaha! It sounds that you're really mad though! I am optimistic that I'll get my GC next year! No need to wait for 2009!

    Unusual and unjustified optimism is the hallmark of great leaders and delusional fools. :)

    Don't want to get political on this forum, but you probably know the consequences in the context of the current state of world affairs.

    hypophobia: While many people today are plagued with excessive fear and anxiety it seems that there are others who have too little anxiety, a condition which has been termed "hypophobia" (1, 2 (http://www.chester.ac.uk/%7Esjlewis/DM/TEXTS/TEXT2.HTM), 3 (http://www-personal.umich.edu/%7Enesse/Articles/TestEvolHypsMentDisord-1999.PDF), 4 (http://clawww.lmu.edu/faculty/tshanahan/DarMed.html), 8 (http://psych.unn.ac.uk/pdf/beh_res_prep/br_poulton.pdf)). Since anxiety is a defensive or adaptive emotion which serves to protect us from dangers (see Darwinian Medicine (http://www.holistichealthtopics.com/HMG/adapt.html)), those who lack such normal fears may fail to perceive the dangers which confront them everyday. Such people may be seen as foolhardy or risk takers since they lack the normal inhibitory fears which serve to prevent excessive risk taking. It is for this reason that the frequently unrecognised hypophobia may be a rather dangerous condition. As has been noted by Nesse (5 (http://www-personal.umich.edu/%7Enesse/Articles/WhatDarMedOffersPsychiatry-1999.pdf)), "too little anxiety may be worse than too much."
    http://www.holistichealthtopics.com/HMG/anxiety.html


    jazz



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  • ksrk
    02-19 08:38 PM
    I am hoping they just dont tie EB2 I and Eb2 C at 15th Feb 2005 in April 2009.
    Previously we have seen bulletins where Eb2 I and Eb2 C have tied up at 1Apr2004.
    I dont know how many iterations it will take before it reaches the RIR/PERM boundary(1 Apr 2005)

    We know predicting visa bulletin movement is next to impossible (for anyone) with even a semblance of a proven record (over a long period of time)...
    But we still can't turn our heads away and resist the temptation to make an attempt, so here goes...for a tickle, if not anything else...

    If previous years (particularly last year) are any indication, since EB2-C has been leading EB2-I for the first two quarters of the FY, it appears that they will tie up at 15FEB05 - IF there was any logic to this...

    Now, we know there is no logic or method to this madness - so it might well move further or not move past 01APR04 or not move at all. Three more weeks and we'll know!

    Good luck everyone - and don't hold your breath!




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  • Humhongekamyab
    06-11 01:17 PM
    I have a dumb question: when the above post refers to 25,000 EB2 and EB3 applications does it refer to 25,000 primary applicants or total (applicant and dependent) applications. Does anyone know? -- Thanks.

    I think it means total.



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  • mirage
    04-01 01:50 PM
    Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...

    Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.




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  • theonlyron
    07-24 05:44 PM
    My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.

    Any one in NC have any suggestions?




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  • immi_enthu
    08-10 06:14 PM
    Any updates from USCIS regarding lockbox & receipting dates?

    it's still not a week since 08/03/2007 for USCIS :D. they have more 7 days in a week :rolleyes:.




    Jimi_Hendrix
    11-27 11:18 AM
    Hi All,

    Thank you to all those who attended the first meeting! I am attaching the excel file for you to complete. I have included instructions in the file itself but let me know if you have questions. Please fill all the columns against your name.
    Our next meeting will be on Thursday at 7pm PST. The tasks for our next meeting are as follows:
    1) Complete the excel sheet (instructions are included).

    2) Brainstorm about possible locations where we can put up a booth to register new members � someone had proposed contacting student body at UCI, we can discuss this.

    3) Take a look at the IV power point presentation and propose how we can tailor it to our needs. We need a presentation to show to our house reps when we visit them (This will be found on the resources page)

    4) Go through the IV template for business cards along with instructions to modify the template and to print the business cards. (this will be found on resources page)

    Please let me know if you have any other questions. The conference call information is the same as last time:

    Conference Dial-In: (712) 432-3000

    Conference Bridge: 227974

    Cheers,

    Amit




    SGP
    04-22 09:38 AM
    Hi: Does anyone have update on how long is it taking to get PERM approvals now days? I have applied for my 2nd labor under EB3 at end of March 2011.

    Replies are always appreciated. many thanks in advance.

    Hello.... Anyone there?:confused:



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