waitforevergc
02-18 02:58 PM
All,
I am thinking of writing to the DHS Secretary about this never ending wait for AOS and about retrogression.
Could you all contribute with different points please?
Someone has to take initiative someday.
Thanks,
I am thinking of writing to the DHS Secretary about this never ending wait for AOS and about retrogression.
Could you all contribute with different points please?
Someone has to take initiative someday.
Thanks,
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ilwaiting
04-25 11:37 AM
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.
So I would think it would very wise to be given a PD based on when a person started working on "H"
Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.
h1b_forever
09-01 04:31 PM
It would be interesting to know how many have switched from EB3-eb2 who have more than 10 years exp
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inskrish
08-17 03:12 AM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
For Disclaimers: on step (1), x is also a random number, and the coin used on step (4) by USCIS may sometimes have neither tail nor head..:D
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
For Disclaimers: on step (1), x is also a random number, and the coin used on step (4) by USCIS may sometimes have neither tail nor head..:D
more...
Libra
09-12 12:35 PM
thank you ravi for contribution, hope to see you in DC.
dpp
10-11 09:00 PM
We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
more...
darslee
07-07 12:31 PM
Interesting....Our new attorney thinks we have a really strong case too...:)
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hsd31
09-01 01:12 PM
Aug 2000: Came here on F1
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
more...
diptam
08-08 11:00 AM
Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
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rajesh_kamisetty
07-14 07:42 PM
Just galon of gas...
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Saralayar
01-03 05:40 PM
I also got email confirmation today for AP document mailed on Jan3.
I filed on Aug 7 or 8th.
db
I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:
I filed on Aug 7 or 8th.
db
I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:
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Green.Tech
06-23 11:03 AM
well, i just made my first payment for $100 thru paypal
Receipt ID: 14F00794MF330594S
Thanks dingdong12!
Folks - Please continue contributing!
Receipt ID: 14F00794MF330594S
Thanks dingdong12!
Folks - Please continue contributing!
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mw_immi
01-07 07:26 PM
I closed on dec 27. Underwriter asked me about green card. I just sent EAD copy front and back as well as AP and explained to him that EAD is like learners driving permit that is issued when your GC is under process. :D
Did you close with BOA?
Did you close with BOA?
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desi485
11-26 01:19 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
more...
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gclabor07
05-22 12:15 PM
I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.
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akhilmahajan
10-24 05:32 PM
Same with me, have been getting red dots. But red dots should not deter us.
People giving us Red Dots for our efforts means we are doing a good job in our efforts.
People who are lazy or just don't understand the magnitude of the problem, will do nothing except giving red dots.
So, lets keep on going with this campaign full steam.
GO I/WE GO.
People giving us Red Dots for our efforts means we are doing a good job in our efforts.
People who are lazy or just don't understand the magnitude of the problem, will do nothing except giving red dots.
So, lets keep on going with this campaign full steam.
GO I/WE GO.
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bpratap
04-25 02:38 PM
I was dealing with GMAC Bank, But I know friends who used Wells Fargo & BAC with the status of AOS pending.
these People generally get nervous when they see a pending status, Approved I-140 will definitely help.
Good Luck !
these People generally get nervous when they see a pending status, Approved I-140 will definitely help.
Good Luck !
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svr_76
09-15 06:29 PM
GCTest: Is it also possible, as part of ur consultation, to see if once a person files in EB category he should NOT be allowed to marry citizen or person from current countries and thus be able to use FB etc...or other means... Or is your irritation only for EB2 category?
Comon ppl show your talent, earn a phd and get NIW...EB1 is current :-) I will try and move up the chain. Complete my master and get to EB2 and then further complete thersis and try a NIW. That will be a worthwhile fight not what is going on.
Comon ppl show your talent, earn a phd and get NIW...EB1 is current :-) I will try and move up the chain. Complete my master and get to EB2 and then further complete thersis and try a NIW. That will be a worthwhile fight not what is going on.
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langagadu
03-04 12:19 PM
do have your 140 approved?
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
perm
07-20 04:07 PM
She recently announced in her campaign that she will increase the H1B visas
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
[/B]
Thats after she wins the election..!!!
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
[/B]
Thats after she wins the election..!!!
test101
07-05 03:45 PM
Cantwell office is responding. They are talked to me and actually taking care of personal cases and majority casses. Phone number: (202) 224-3441.
They transfered me to a voice mail that Olia black where she care of these issues.
Call people.
They transfered me to a voice mail that Olia black where she care of these issues.
Call people.
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