reddymjm
03-12 11:18 AM
I too support this. There are exceptions always.. and will be I guess..
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JunRN
10-24 12:19 AM
If this becomes a law, the USCIS will draft the rules. Definitely, those who are already in line will be allowed to use the recaptured visas and will pay the fees for that. They will also retain the PD.
I am hoping for the best this time.
I am hoping for the best this time.
franklin
07-16 01:59 AM
...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
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kevinkris
07-14 05:22 PM
Go to TOP
more...
needhelp!
09-10 03:25 PM
Based on the number of contributers, my guesstimate is that we are at close to $6000 right now...
$24K more to go...
Thank you Amma, caliguy, biomd, GCOP , natrajs !!
$24K more to go...
Thank you Amma, caliguy, biomd, GCOP , natrajs !!
vikki76
07-18 12:06 PM
Hmm..didn't see any email for this action alert/Funding drive. I thought all IV action alerts were sent out as e-mails.
Franklin,can you please forward this to our Northern Calif chapter?
Franklin,can you please forward this to our Northern Calif chapter?
more...
bidhanc
03-10 05:42 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
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lonedesi
08-08 09:05 AM
Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?
This way it will turn out to be a letter campaign.
What do you think ?
My understanding is if you send a general letter, you will get a general response (standard template) from the Ombudsman's office. For that matter, you don't even have to send the general letter, because I will provide you with the response you can expect to receive from Ombudsman's office without the DHS Form 7001.
----------------------------------------------------------------
"
Thank you for your recent correspondence to the Office of the
Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I
appreciate your comments regarding I-140 processing at the Service
Centers. We are well aware of the processing delays at all of the
Service Centers. Currently the TSC is processing I-140 applications
received in July 2007. USCIS has taken steps to address the processing
delays, but their efforts have not come about swiftly. We are
continuing to review and address this issue.
Under the authority of the Homeland Security Act of 2002, the CIS
Ombudsman assists individuals and employers who experience specific
problems during the USCIS benefits seeking process, largely to identify
problems and to formulate recommendations to improve the USCIS service.
Please see our website for more information about the CIS Ombudsman
(www.dhs.gov/cisombudsman/).
I believe that first hand information from individuals like you is the
best source for identifying systemic problems in the immigration
benefits process. My office will consider the information you provided
as we develop recommendations to improve USCIS' practices and
procedures.
Once again, thank you for taking the time to contact my office, and for
giving me the opportunity to serve you. I look forward to the day when I
can report that the work of this office has been accomplished because
our vision of a world-class immigration benefits system has been
achieved. Your contribution takes us a step closer to reaching this
goal.
Office of the Ombudsman
-------------------------------------------------------
Please don't get me wrong. All I am trying to emphasize is the DHS Form 7001 is absolutely necessary if you want them to investigate the problem and see for themselves if what we are complaining about is indeed true. You stand a chance that they may take steps to address this problem. If not, it is just waste of time and effort. There is nothing to fear by providing the case details to Ombudsman's office. There are people who have sued USCIS due to the delays and have won their cases....so why fear when all you are doing is requesting USCIS to process our cases in orderly manner.
So please take the time to mail the letter & the completed DHS Form 7001 to the ombudsman's office.
This way it will turn out to be a letter campaign.
What do you think ?
My understanding is if you send a general letter, you will get a general response (standard template) from the Ombudsman's office. For that matter, you don't even have to send the general letter, because I will provide you with the response you can expect to receive from Ombudsman's office without the DHS Form 7001.
----------------------------------------------------------------
"
Thank you for your recent correspondence to the Office of the
Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I
appreciate your comments regarding I-140 processing at the Service
Centers. We are well aware of the processing delays at all of the
Service Centers. Currently the TSC is processing I-140 applications
received in July 2007. USCIS has taken steps to address the processing
delays, but their efforts have not come about swiftly. We are
continuing to review and address this issue.
Under the authority of the Homeland Security Act of 2002, the CIS
Ombudsman assists individuals and employers who experience specific
problems during the USCIS benefits seeking process, largely to identify
problems and to formulate recommendations to improve the USCIS service.
Please see our website for more information about the CIS Ombudsman
(www.dhs.gov/cisombudsman/).
I believe that first hand information from individuals like you is the
best source for identifying systemic problems in the immigration
benefits process. My office will consider the information you provided
as we develop recommendations to improve USCIS' practices and
procedures.
Once again, thank you for taking the time to contact my office, and for
giving me the opportunity to serve you. I look forward to the day when I
can report that the work of this office has been accomplished because
our vision of a world-class immigration benefits system has been
achieved. Your contribution takes us a step closer to reaching this
goal.
Office of the Ombudsman
-------------------------------------------------------
Please don't get me wrong. All I am trying to emphasize is the DHS Form 7001 is absolutely necessary if you want them to investigate the problem and see for themselves if what we are complaining about is indeed true. You stand a chance that they may take steps to address this problem. If not, it is just waste of time and effort. There is nothing to fear by providing the case details to Ombudsman's office. There are people who have sued USCIS due to the delays and have won their cases....so why fear when all you are doing is requesting USCIS to process our cases in orderly manner.
So please take the time to mail the letter & the completed DHS Form 7001 to the ombudsman's office.
more...
gc_chahiye
07-24 10:02 AM
Priti..
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck
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mxh72c
07-11 07:26 AM
This bulletin does prove that very few labor certificaions were done in 2005, due to move to PERM.
more...
sandy_anand
07-19 10:48 AM
My case was filed on Feb 27th. Still pending. No response from Atlanta. I have 11 more days to go and after that it doesn't matter when I get my PERM as I would be locked out for potentially 5-6 years! This system is not fair at all...if I was working in one of the western states, I could have filed even today and get certified in 2-3 days....
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rpchalasani
06-04 11:09 AM
I Contributed $ 100.00 Now.
Receipt # 4674-1281-7879-3812
Thanks,
Receipt # 4674-1281-7879-3812
Thanks,
more...
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saimrathi
06-08 04:05 PM
If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.
Thanks for the insight. Will opt for PP.
Thanks for the insight. Will opt for PP.
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pcs
07-05 01:17 PM
Search the address on Google, make a call & just make one visit with the printout of the Congresswoman's letter ( downloaded from IV home page) & copy of WSJ news & EB Bulletin & reversal memo on 2nd July
It is easy
In fact these Congressman office staffs are sitting idle like me ( may be you) . They are really happy to receive someone like you.
Trust me, I am not joking .....
It is easy
In fact these Congressman office staffs are sitting idle like me ( may be you) . They are really happy to receive someone like you.
Trust me, I am not joking .....
more...
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pani_6
08-13 06:35 PM
New Action Item for EB-3
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ashutrip
06-22 10:35 PM
Is it true that people who have applied in march are screwed....as per on blog website.....March applications are on hold....they have divided the applications in two batches
1. Jan thru March
2. April thru June
if its tru its bad news for we march guys
1. Jan thru March
2. April thru June
if its tru its bad news for we march guys
more...
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nosightofgc
09-10 03:45 PM
Contributed $100 on 09/09/2007.
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chanduv23
02-24 11:49 AM
The Congressional Hispanic Caucus has successfully blocked consideration of all immigration legislation until amnesty is brought up for a vote. Unless and until the issue of amnesty is resolved, we aren't going to see anything. On the other hand, if amnesty is voted down, then expect to see just about everything else passed.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
Positive attitude and optimism helps the community but many a time the profit making motive of those in this business may want to create hope and sensationalism among the community for their own business interests - nothing wrong though, but people who are desperate, may percieve it in such a way that it is instant good news and glorify the messenger.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
Positive attitude and optimism helps the community but many a time the profit making motive of those in this business may want to create hope and sensationalism among the community for their own business interests - nothing wrong though, but people who are desperate, may percieve it in such a way that it is instant good news and glorify the messenger.
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dummgelauft
06-11 09:43 AM
I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.
If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.
Here are a few things you can do:
1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.
2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.
3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.
USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.
4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.
5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.
TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.
I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.
That is the least I could do to peacefully protest against the discrimination against me and my country people.
True to your handle, your ideas if implemented, can turn the tide (or move the mountain) as Sri Hanuman did!!
BUT, amigo, seriously, don't you think we, Indians as a community, are the biggest sell-outs. Only somebody with the caliber of Subhash Chandra Bose can bring us together
If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.
Here are a few things you can do:
1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.
2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.
3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.
USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.
4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.
5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.
TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.
I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.
That is the least I could do to peacefully protest against the discrimination against me and my country people.
True to your handle, your ideas if implemented, can turn the tide (or move the mountain) as Sri Hanuman did!!
BUT, amigo, seriously, don't you think we, Indians as a community, are the biggest sell-outs. Only somebody with the caliber of Subhash Chandra Bose can bring us together
stucklabor
03-09 11:23 AM
Sen says: should make methods, process easy for employment authorization...
They have at least steered off the illegal immig issues for now...:)
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
They have at least steered off the illegal immig issues for now...:)
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
bpratap
05-18 05:44 PM
I was also under the impression that Bank need not ask for Immigration Docs as long as I have good credit history and PayStub to prove I can re-pay the loan, but they (GMAC) is asking for 3yr continuous VISA from the date of closing.
The Loan Processing officer dont have any clue on VISA / Immigration procedure.
please share ur experiences or advice on how to handle this situation
Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.
The Loan Processing officer dont have any clue on VISA / Immigration procedure.
please share ur experiences or advice on how to handle this situation
Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.
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