Friday, June 17, 2011

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  • Lacris
    07-23 05:38 PM
    Congratulation!!!!!!!

    Thats really great news.
    My husband pd is SEP 2004

    EB3 India

    Hope we will also get GC in next 2 years

    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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  • 9years
    12-10 08:00 AM
    Hello 9years: Thanks for sharing the info all along. A quick question:

    I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.

    Is this recommended or should we do regular premium 140 and request date porting once its approved?

    If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?

    Thanks,
    Hi AllVNeedGcPc,

    Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.




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  • vparam
    09-14 03:36 AM
    Just can't work for it without a H1B... :)

    jazz
    If you have a EAD then you need not have a H1B to work for your own LLC...




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  • ArkBird
    04-13 03:46 AM
    @OP, Yes. You can open LLC and/or S-Corp on EAD. If you plan on working for the same company, I suggest you do it in the name of your significant other if you are (un)lucky like me and married. Also checkout the option of "LLC filing taxes as a S-Corp". Here is link to more details from IRS.

    LLC Filing as a Corporation or Partnership (http://www.irs.gov/businesses/small/selfemployed/article/0,,id=205014,00.html)



    Cheers

    ArkBird



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  • pani_6
    06-05 09:55 AM
    What happens to people on EAD and AP...what would happen to thier status...This law does not make sense..I think it may be for people who have not filed for I-485..

    Why take all the approved application and create another backlog..although Congress passes law ..its upto USCIS to intrepret it so that it makes sense to them and then apply it...

    It will create unneccesary Choas if people again have to start from scratch after waiting for 5-8 years...and with the back loga they have right now..you can safely assume that this it not affact majority of us




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  • map_boiler
    07-05 01:17 PM
    I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.

    Today I made my first $100.00 contribution to IV. Go IV!



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  • shana04
    09-25 09:28 AM
    All the info here is great !!

    Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).

    I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!

    Thanks in advance.


    Congrats on getting your GC (EAD)




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  • eb3_nepa
    07-06 12:53 PM
    What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)

    What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.



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  • pappu
    09-14 06:37 PM
    DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.

    This is a request to every member working very hard in the media campaign and state chapters. If you get a response from any reporter for a media interview, DO NOT post the details on the forum. Please be alert if you find someone posting such message and immediately have that deleted.

    If you get a media lead immediately send an email with information about the media lead to --- media at immigrationvoice.org

    By sharing sensitive information on the open forum please understand that you maybe destroying the hard work of everyone in the media effort. It takes lot of effort to get media stories. Each of our member is a PR agent for us and we have a well planned strategy to help this entire community and get the immigration issues solved.

    Thanks




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  • PD_Dec2002
    03-18 07:43 AM
    The upper limit should be on a per state basis, at the very least. 150K AGI in CA is not much of a deal. Pretty much all double income families will cross that limit, and quite a few single income ones. Bummer!!:mad:

    BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.

    I agree with you completely. But note that the amount of rebate starts phasing as your AGI goes north of 150K. I'm in a similar situation and not getting the rebate at all. But the way to approach this is (at least that's how I am consoling myself) "Because we make a lot of money, we are not getting this rebate. Would we prefer to make less money just to get this itsy-bitsy one-time rebate?"*

    And anyway rebate-on-a-per-start-basis would be a logistical nightmare for IRS given how competent federal goverment bodies are... ^^^ detect heavy dose of sarcasm here ^^^

    Don't even think of proposing that idea to IRS. The next thing you know, these rebates will be backlogged. And in 2012, there will be a TaxRebateVoice.com suggesting administrative fixes/law changes to get the 2007 rebate! :D

    Regards,
    Jayant

    *The only exception is the AMT where people in the middle-income group are being unfairly snared because the antiquated 70s law was not pegged to inflation.



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  • knnmbd
    04-25 12:59 PM
    Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?

    Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".

    In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
    I agree. Also, since F1 is not a dual intent visa this will not hold water. Anyways this is a ridiculous demand. We are not the law makers and we should consider ourselves lucky that couple of IV's amendments are in a few of the senator’s bills, though there are no guarantees if they will be included in the final text or let alone be passed. We should only push for what is already include in the 2 bills and not confuse everyone every time one of us comes up with this "brilliant" idea of using H1B entry date as priority date. So what's the next amendment we want " include the day I first envisioned that I will come to America as the priority date". WE NEED ONE VOICE and we have already been heard so let’s stick to what is practical and push those amendments through.




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  • eastindia
    04-29 05:40 PM
    Can I call now? When will office close?



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  • nlssubbu
    07-24 06:33 PM
    This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.

    Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).

    I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.

    That is proved beyond doubt by the July bulletin :)

    Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.

    Thanks




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  • amitjoey
    07-05 02:13 PM
    The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:

    Thank you ChanduV23

    - On behalf of the Core IV Team

    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) and other allied state and federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.

    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- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. TSeveral dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.

    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. 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.

    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 on this Independence Day with the hope that people who played by the rules will be rewarded.



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  • chocolate
    06-03 03:39 PM
    Well this is very confusing.
    What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?

    Thanks
    My labor was approved 8 months ago. Although i submitted all the documents to my attorney 5 months ago My employer is yet to file. the fact is i am eligible to file for 140/485/ead/ap. So now i am stuck. Will this affect me.Thanks in advance.:mad: :mad: :mad: :mad: :mad:




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  • ash0210
    06-02 05:24 PM
    As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.

    However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.

    In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.

    Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.

    Pl be advised to consult your immigration lawyer...

    Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
    Thanks



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  • eb3_nepa
    07-14 01:30 PM
    Conf Number: 7YB0F-K01XZ

    Thanks kevinkris




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  • Jimi_Hendrix
    11-30 01:10 AM
    Day: Thursday, November 30,2006
    Time: 7 PM PST
    Conference Dial-In: (712) 432-3000
    Conference Bridge: 227974

    All new members including Thiru please dial in to the conference. Also new members please forward me your e-mail address at amitg_2000@hotmail.com




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  • beppenyc
    03-08 01:05 PM
    Beppen, I joined the conference a little late and heard of Sen. Brownback's amendments for extension of J1 visa rule and no cap for nurses/physical therapists in H1. They will reconvene at 2.00 again and present more amendments if there are any

    Hope this helps
    Thank you so much, I can not listen it but please update when there is some interesting news. It looks that are determinated to do something. I feel a lot of positive odds.




    amitga
    07-06 12:37 PM
    We just need 20,000 active members to make a change, which is approx 10% of the total number of GC apps pending. At the most 2000 people are active.

    If somebody can being in 20,000 active members to this forum, the change will happen.




    justAnotherFile
    07-20 02:57 PM
    Revenue = 750K*200 = 150 million dollars.
    For that kind of money they should be able to hire more than 30 personnel I think.
    And also develop some systems to atomate the process.



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