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  • nitinboston
    06-11 05:40 PM
    I am very junior member on IV forums and have listened to all the experts and senior members on IV from time to time. Very solid ideas and very intelligent people! Although, I am not too familiar with the intricacies of what DOS said or what USCIS said; what I know is that there are many thousands of us who are here in a limbo for many many years. I think we have been "super- nice" to USCIS and Congress in the way we have approached them for our problems and rightly so - thats just us!

    We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!

    I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.

    We can do all we want, but why should any one in congress bother about us. Its same like India, if you cant vote, you have no influence over the legislature. Congress is responsible for the welfare of US citizens, guest workers are not their concern. Blunt but true.




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  • crazyghoda
    12-15 12:04 PM
    Sounds like a good idea. My doctor told me at my annual physical that I need to lose 10-20 lbs :D

    Dear Friends,

    What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.

    please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.

    MC




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  • cheg
    07-21 05:23 PM
    count me in...i live in Murrieta, CA.:)




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  • new_horizon
    05-04 12:41 PM
    Called all Senators in Tier 1
    Scott Brown - Will pass message. Initially confused with illegal immigration which the senator is against.
    Judd Gregg - Will pass message
    Richard Lugar - Supports high skilled provisions
    Michael Enzi - Will pas message. Does not know the position.
    Lindsey Graham - Left message
    John Ensign - Senator opposes CIR. But will convey message re. our provisions.
    Orin Hatch - Left message
    John Cornyn - Will pass message. No position yet
    John Kyl - Will pass message
    Mitch Mcconnel - Will pass message. No position yet.
    Amy Klobuchar - Will pass message. No position yet.
    Claire McCaskill - Left message.
    Jon Tester - Will pass message. No position yet.
    Jim Webb - Will pass message. No position yet.
    Sheldon Whitehouse - Will pass message. Reviewing the bill.



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  • singhsa3
    08-16 03:09 PM
    Situation of EB3-India can be changed only via changing law notably 5882.




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  • Caliber
    07-15 08:11 AM
    Posted $50.00 Check. With this my total contribution till now is $1200.00.



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  • Ram_C
    09-28 07:18 PM
    Receipting people are not the ones adjudicating the cases. They are different people. So there is no used stopping the receipting.

    If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.

    Its already end of September, today is the last working day for the month of Sep and moreover do you think the IOs at USCIS are determined to allocate/ use all the visa numbers for this fiscal year??? HELL NO , they give a rat's a** about it and that is why we din't see any "wild" approvals.




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  • alterego
    06-10 08:27 AM
    This is really dissapointing. Eb2 India has not moved at all. EB3 now unavailable. EB3 ROW now unavailable.

    When the reach the next fiscal year, things will be worse than now for EB India due to the loss of spillover.

    The need for visa recapture is now more than ever.



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  • malaGCPahije
    08-13 03:56 PM
    From Sept 2008 visa bulletin: "The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September."

    I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??

    This is truly sad. And I agree with WillWin that we need to do something. IV core has time and again stressed that they will not do anything for a certain EB group. I understand their stance. But every other EB group is getting help from somewhere. For EB3-I, forget getting help, we are actually losing every day forward.

    I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?

    Best of luck to you all.




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  • jchan
    09-10 10:00 AM
    Looks like last night's particle accelerator experiement sent us back in time!:D

    haha this is a good one :)



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  • I_need_GC
    02-27 02:16 PM
    Feb 07 2008 I made an infopass appointment and saw an IO he accepts my request to expedite. Finally I get a LUD saying Documents mailed to applicant on Feb 20 2008. Then on feb 21 2008 I see a soft LUD Till today I have not received the AP. Do you thinking making an infopass appointment and requesting a copy will help. The problem is I should have been in Canada on the 9th. I don't know what else to do. This is ridiculous. Gurus please an suggestions:mad: This case was filed with the Nebraska Service center.




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  • pappu
    08-12 12:39 PM
    Why the double standard of Democrats??? Why the hell this philosophy is not being used for illegal??? Why the hell they opposing AZ law?
    At least, body shoppers are not breaking the law like illegals are breaking.

    Hats off Democrats for your double standard.

    Imagine what would have happened if they put a fraud fee to every employer caught employing an undocumented. It would have helped reduce undocumented crossing and employed by US employers but also used the same money from fraud penalty to secure the borders.



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  • priti8888
    07-18 04:07 PM
    Consider I-485 Processing as a 2 Door Room. Front Door is for people who's PD has been current for the given month and can apply & Back Door is for Adjudicating People who are already applied & still current for that month.

    The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.

    As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.


    Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date




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  • superdude
    07-21 02:28 AM
    Voting seems to be on political lines. Democrats probably didn't want to yield any ground because of their dear CIR failure. We need a targeted campaign (strategy) on the Democrats - Hillary spoke very favourably to the Indian student community recently about H-1B and immigrant visas but her vote is not in line with her statements
    It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.



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  • H1B-GC
    02-07 09:25 AM
    sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc

    A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.




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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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  • 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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  • slowwin
    04-03 09:13 AM
    Administrator,
    can you please CLOSE this thread, please ?

    1) It's annoying to see grown up ppl fight like children.
    2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
    3) we do not need internecine fights, that digress's from our mission.
    4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.

    I humbly request you to put this to rest by closing this thread.




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  • vkannan
    03-07 01:23 AM
    Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.

    Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.

    Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....




    jung.lee
    04-04 06:48 PM
    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree

    My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.




    chanduv23
    12-01 11:49 AM
    Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.

    Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.

    you may likely be getting an RFE or probably close to ur approval :)



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