Wednesday, June 15, 2011

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  • Humhongekamyab
    06-11 11:45 AM
    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.

    I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.

    Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.

    I am sure something like this can also be done for us who have been waiting for years for our GC's.




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  • vin13
    03-08 10:48 PM
    http://www.shusterman.com/

    news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)

    Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?

    only Monday will tell... This is one nerve wracking weekend.

    It is weird that Shusterman had information about ROW EB-3 retrogressing by 1 year. Why did he not say anything about EB-2?




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  • sidbee
    08-13 06:30 PM
    If anybody thinks that he can file a lawsuit against EB3 to EB2 porting , and he will win , I am pretty sure he is wrong , He is just talking from his heart.

    EB3 is screwed, and we have nothing other than hope , Wait Wait Wait.

    There is no use for EB3 to be sad , and unhappy.Enjoy your days here and work here till you want to , if u have to leave US leave US.

    Que Sera Sera..


    I am not a lawyer and this doesn't constitute as a legal advice.




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  • Napoleon
    03-11 01:25 AM
    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."
    Question #3 and #4 should conclude this discussion.

    Also how do you define an established company.
    If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?



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  • rcahk
    04-11 08:12 PM
    I forgot to mention that mine is an RIR. I guess that makes all the difference. Hang in there, nothing lasts for ever !!!




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  • NKR
    09-10 11:20 AM
    Just curious, is it possible they have some reasoning to push applications to the end of the year? it'll be interesting to think of what could be the reason...

    There is no reason for this madness, stop analysing, it will drive you crazy..



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  • texcan
    09-10 10:07 AM
    Guys,

    here is my humble contribution of 100.
    keep up the great work.

    A suggestion, lets keep a tally where we are for contribution goal,
    this will encourage everyone to contribute more and round off any shortfalls
    in overall contribution.

    Thanks


    On a side note,

    This is my understanding, even if there are some harsh things said
    on the forum, but in all everyone appreciates the great work being done
    by this group.




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  • andy garcia
    10-01 11:28 AM
    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    Thanks h1techSlave;

    I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
    just because I said so.

    Remember that this system was designed back when there was one single queue.


    You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
    After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
    After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.


    Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued



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  • priti8888
    07-23 06:30 PM
    This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.

    I was in similar time frame; So I know the date well....




    correction..I got the EAD in Feb 05, My RD is Dec 04.




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  • qualified_trash
    05-31 01:51 PM
    Fermat's Last Theorem will be proved before anyone can come up with an explanation for the functioning of the BECs.



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  • gc28262
    03-12 12:30 PM
    Pappu,

    I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.

    Rethink!

    I think IV core can give lifetime exception to active members like 'ItIsNotFunny' for their efforts. For others, let monthly contribution stay.




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  • baburob2
    03-09 09:22 AM
    Title 1 amendments are done and have moved to Title 2 for discussion. The ones important to us is in Title 4,5.



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  • gc_wow
    02-18 06:30 PM
    Given the current market conditions,I dont think there will be a lot of new EB1,EB-2 ROW filings.Given that EB1 and EB2 ROW are current,there will be considerable overflow to EB2 I and C.The chances are very good that EB2 I and C will move faster than it moved late last year and early this year.April 2009 quarter opens new Visa Numbers too,If EB2 ROW and EB1 are slowed because of economy then certainly there should be some additional visa numbers available for EB2 I and C.At this stage it depends on PERM EB2 ROW data.




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  • RNGC
    06-24 09:31 PM
    During our wait, I can say that we easily spend $10 - $20 k just for Immigration related issues....visa fees/lawyer fees/ etc...

    I did a simple math, If I had the green card , during the last 8 years I could have made $25,000 more annually...that is $200,000 for eight years! This money just went to our H1 B employers, who are becoming wealthier!



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  • eb3_nepa
    03-13 01:24 PM
    Looking through the ammendments, one that stuck out was about the drunk driving conviction. The ammendment makes it a deportable crime. Well, not that we would ever be stupid enough to drink and drive. But, if you do, and you get caught, be aware of the serious implications it may have.

    Arihant, i thought that was only for illegals. Somehow i dont think that Drunk driving is one of our major problems ;-)




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  • imh1b
    09-01 07:03 AM
    Let us see who is waiting for most time in USA.

    5 years and counting.

    If you can tell your history of Greencard and any tip on applying early would appreciate.



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  • mbawa2574
    07-06 12:20 AM
    mbawa.. It is always nice to sit on the side and blame it all on the leaders here. First thing you have to remember is that these poor/great folks (poor for representing people like you and great for working for representing all immigrant hopefuls) are really working for YOU and me. It is quite convenient to blame others than doing things yourself. If you think you are any better, why not come up with your USEFUL/GREAT ideas and see if the IV core respects those ideas or not. Lobbying or not, when the government is ready to think about CIR or immigration in general, I am pretty sure that IV can make OUR voice heard. Got the point?

    Problem is not the members but the overall stratergy. I understand ur emotions but certainly we need change and action. Without aggressive stratergy that can punch the noses of people against our agenda, we will not be successful. As I said - this is not personal at all. I know some of core people very well and they are competent and bright boys. This has to do with overall stratergy and we need to be bit more agressive .Without a new team which will bring in a coordinated effort & energy into this , we will not make it. CIR may get passed and other immigration categories may benefit at our cost if we don't change our course . Thanks for sharing your thoughts.




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  • murali77
    07-09 05:39 PM
    I am in for the LA rally. Live in San Fernando valley.




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  • reddog
    03-12 03:45 PM
    All, lets not waste energy in negative direction. Not going to help us anyways. Reddog, why don't you contribute for obvious cause of FOIA?

    I already did. I just dont like this DONOR based thread idea. for reasons already stated.




    pappu
    03-13 10:03 AM
    min contribution required is $25 per month




    quizzer
    07-06 02:16 AM
    Please digg

    http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled

    jus dugged

    excellent article



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