boldm28
09-22  06:16 PM
bump
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addsf345
11-24  03:36 PM
Here is the link to USCIS AC21 memo from 5/30/2008:
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
 
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
 
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
bidhanc
03-11  10:51 AM
I guess it's not a VERY GOOD IDEA THEN.
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
 
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
 
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."
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
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."
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thomachan72
06-03  09:07 AM
The whole thing is very confusing sir. Just like the bible, for which different groups come up with different interpretations, we are being confronted with many intrepretations for this bill. Lets look at what the IV has to provide in the bill summary they have posted. Most probably that is a version prepared by the "patton-boggs" law firm.
more...
hopefullegalimmigrant
01-03  01:49 PM
It sure is taking a long time. Even after the holidays are past nothing seems to be moving for us. Just hope and pray things move soon.

s_r_e_e
08-10  12:32 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc. 
 
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
 
Thanks a bunch
 
If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.
more...
santb1975
05-22  01:31 AM
We have several bills that are being discussed to provide releif for all of us stuck in the Green Card process. We have very few dedicated volunteers working very hard and knocking the doors of representatives across the country seeking support for our bills. We need to lobby hard to get releif for all of us in this election year and lobbying is not cheap. We need dollars to keep up our lobbying efforts. We need help with raising dollars that are needed to keep working for our cause. We do not have Star Players and/or Star Athletes raising funds to support our cause. We need to do it ourselves. We all need to come together as a dedicated team with a mission to raise the targeted dollar amount. Can we do it?. Can we all step up and raise the dollars we need for our cause?. 
 
Yes we can. Let's do it
 
Click on Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) to make a contribution
 
Want to donate an amount not listed on the contributions page?. Login to paypal and send in your desired contribution to donations@immigrationvoice.org
 
Made a contribution already?. Get your friends to make a contribution as well
Yes we can. Let's do it
Click on Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) to make a contribution
Want to donate an amount not listed on the contributions page?. Login to paypal and send in your desired contribution to donations@immigrationvoice.org
Made a contribution already?. Get your friends to make a contribution as well
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santb1975
05-25  04:17 PM
with your contributions.
more...
texcan
09-12  01:50 PM
Thankyou sukhwinderd and ravish_kaipa.
 
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
 
Anyway good start. sukhwinderd and ravish_kaipa please consider monthly contributions.
 
 
Here are the details about my contribution of $100
 
Order Details - Sep 12, 2007 1:02 PM EDT
Google Order #366145912118249
 
Kudos Milind123,
 
You are an amazing person. I bow to your selflessness and
wonderful community initiatives.
 
Regards
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. sukhwinderd and ravish_kaipa please consider monthly contributions.
Here are the details about my contribution of $100
Order Details - Sep 12, 2007 1:02 PM EDT
Google Order #366145912118249
Kudos Milind123,
You are an amazing person. I bow to your selflessness and
wonderful community initiatives.
Regards
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H1B-GC
08-12  12:13 PM
So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..
 
 
So much for Hisp@n*c lobby. How does this fee increase relate to border security??? These politicians have to remember that whatever money they are getting for Social/Medicare taxes from L1/h1 till now will be gone as well along with the job.
So much for Hisp@n*c lobby. How does this fee increase relate to border security??? These politicians have to remember that whatever money they are getting for Social/Medicare taxes from L1/h1 till now will be gone as well along with the job.
more...
add78
06-13  11:03 AM
You just paid without exposing your financial information.
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
 
Thanks my friend.
You finally posted the details!!!!
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
Thanks my friend.
You finally posted the details!!!!
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dilvahabilyeha
07-20  10:11 AM
He did not voted
 
Absent! mean 'NAY', that's what earlier post says to me!
Absent! mean 'NAY', that's what earlier post says to me!
more...
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vamsi_poondla
09-12  09:00 AM
Hi Milind123,
I just contributed $100, here are my order details :
 
Order Details - Sep 12, 2007 09:12 GMT-04:00
Google Order #131954606924512
 
Thanks
Satya Chowdary
 
Way to go..Satya. It is for a noble cause.
I just contributed $100, here are my order details :
Order Details - Sep 12, 2007 09:12 GMT-04:00
Google Order #131954606924512
Thanks
Satya Chowdary
Way to go..Satya. It is for a noble cause.
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ganesh babu
02-15  11:55 PM
hi i have come to the u.s. on a f2 visa and currently my spouse is doing her OPT.i applied for a driving licence in georgia and i was issued a learners permit based on my I94,visa and letter from social security office denying me a ssn.
i went to the same centre(decatur) for a road test and now they say that we cannot give you a licence because your visa says dependent for a student of wisconsin university,so you should go to wisconsin and get your licence.i went to another dmv centre and after verifying my docs. they let me take the road test and i cleared the test and they asked me to go to the counter to pay money , at that time the person in the counter again asked me for passpoert and i94 and he saw that university of wisconsin stuff on my visa and he said he will not issue a licence and i spoke to the supervisor and he says get a letter from INS ,i showed him my spouse opt card and showed him the words in the card which reads"eligible to work in u.s. upto ----").now he says that is your spouse opt card ,what autorisation do you have to stay in GA ?
has any one come across such a problem?is so kindly advice
i went to the same centre(decatur) for a road test and now they say that we cannot give you a licence because your visa says dependent for a student of wisconsin university,so you should go to wisconsin and get your licence.i went to another dmv centre and after verifying my docs. they let me take the road test and i cleared the test and they asked me to go to the counter to pay money , at that time the person in the counter again asked me for passpoert and i94 and he saw that university of wisconsin stuff on my visa and he said he will not issue a licence and i spoke to the supervisor and he says get a letter from INS ,i showed him my spouse opt card and showed him the words in the card which reads"eligible to work in u.s. upto ----").now he says that is your spouse opt card ,what autorisation do you have to stay in GA ?
has any one come across such a problem?is so kindly advice
more...
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gimmeliberty
07-24  11:39 AM
From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)
 
 
 
But how cud they accept and process the application if his date was not current in june ??
But how cud they accept and process the application if his date was not current in june ??
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Ahimsa
08-10  11:11 AM
good point which has been overlooked.
 
thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.
 
Please also note:
Gor GC waiters, the child tax credit will not be available for kids under age 1.
In Oct 2004, my kid was 6 months when she landed in US.
When she was 9 months in Jan 2005, I tried to include her in my tax returns but IRS said I can not include her until she becomes one year old.
This year 2006, I could include her after getting her an ITIN.
In short, child taxation issue is there only for one year at the maximum.
thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.
Please also note:
Gor GC waiters, the child tax credit will not be available for kids under age 1.
In Oct 2004, my kid was 6 months when she landed in US.
When she was 9 months in Jan 2005, I tried to include her in my tax returns but IRS said I can not include her until she becomes one year old.
This year 2006, I could include her after getting her an ITIN.
In short, child taxation issue is there only for one year at the maximum.
more...
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ashutrip
06-18  11:03 AM
Hope not, we never thought that this will be current so soon. so my gut feeling is that we all should be fine up until Sep end.
 
Good luck for you and all!
I am praying what u say is right!1111
Good luck for you and all!
I am praying what u say is right!1111
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tonyHK12
05-06  10:39 AM
How can you join a company on 11/2010 and apply for Perm EB2 on 12/22/2010 ?
 
I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.
 
I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.
 
Any Opinion/Suggestion ?
 
Its pretty easy, a small desi company will start your PERM GC process even before you join them.
You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.
I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.
I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.
Any Opinion/Suggestion ?
Its pretty easy, a small desi company will start your PERM GC process even before you join them.
You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.
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ny-nonrir
05-10  04:58 PM
Hi msp1976
 
Why do you say 2001 folks would get NOF? Im a 2001 Aug but non-rir. Got my 45 DL in Dec 05 but nothing after that. My case was a SWA xfr. Does your analysis only apply to RIR?
 
ny-nonrir
 
I have analyzed the tracker from Rajiv Khanna's site. Here are some inputs.
 
 
Cases transferred from federal offices :
There is no set trend in processing of these cases. There are a substantial number of approvals.
 
Cases transferred from SWA offices :
There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
The folks left over from 2001 may receive NOF or some query. I am not sure.
If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...
Why do you say 2001 folks would get NOF? Im a 2001 Aug but non-rir. Got my 45 DL in Dec 05 but nothing after that. My case was a SWA xfr. Does your analysis only apply to RIR?
ny-nonrir
I have analyzed the tracker from Rajiv Khanna's site. Here are some inputs.
Cases transferred from federal offices :
There is no set trend in processing of these cases. There are a substantial number of approvals.
Cases transferred from SWA offices :
There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
The folks left over from 2001 may receive NOF or some query. I am not sure.
If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...
samnay
07-18  01:11 PM
Contributed another $100. I am not very active member on this board but I do follow it regularly and I have made contributions in the past. 
 
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
 
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
 
Thanks
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
chanduv23
06-13  10:56 AM
IV has changed our lives.
 
Folks - look back at the situation beyond last year
 
Retrogression
Desi employer blood sucking
Labor issues
Companies closing down
No job promotions no salary hikes
CIR Draconian bill
Durbin Grassley bill
July fiasco
 
Look at the difference IV made
Constant grassroots lobbying - bringing awareness
Extreme dedication of all volunteers - kept IV going
Trust and faith - providing confidence and support
Hard work and faced criticism in a positive manner
Flower campaign during July fiasco - visa bulletin reversal
September 18th massive rally - first time IV could manage to stage a rally with nearly 2000 highly skilled workers from around the country
Media awareness
Working with lawmakers
Admin fix campaign
2 year EAD
Working on Lofgren bills
Brought the entire community under one umbrella
Discussion forums - a source of knowledge
Tracking help
 
 
Folks - let us all be thankful that IV has been there for us. This is the best thing to happen to the community.
 
Please do not resist from contributing. It is diifficult for the first time, but once you do it - you will be happy.
Folks - look back at the situation beyond last year
Retrogression
Desi employer blood sucking
Labor issues
Companies closing down
No job promotions no salary hikes
CIR Draconian bill
Durbin Grassley bill
July fiasco
Look at the difference IV made
Constant grassroots lobbying - bringing awareness
Extreme dedication of all volunteers - kept IV going
Trust and faith - providing confidence and support
Hard work and faced criticism in a positive manner
Flower campaign during July fiasco - visa bulletin reversal
September 18th massive rally - first time IV could manage to stage a rally with nearly 2000 highly skilled workers from around the country
Media awareness
Working with lawmakers
Admin fix campaign
2 year EAD
Working on Lofgren bills
Brought the entire community under one umbrella
Discussion forums - a source of knowledge
Tracking help
Folks - let us all be thankful that IV has been there for us. This is the best thing to happen to the community.
Please do not resist from contributing. It is diifficult for the first time, but once you do it - you will be happy.
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