Wednesday, June 8, 2011

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  • andy garcia
    10-01 10:23 AM
    Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.

    Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.

    Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.

    Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.

    The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345

    Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)

    Macaca;

    Here is where the confusion lies with respect to unused, wasted, etc.

    The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
    The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
    employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
    FS limits�The worldwide level for FS preferences is calculated as:
    480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as

    immediate relatives of U.S.citizens
    children born subsequent to the issuance of a visa to an accompanying parent
    children born abroad to lawful permanent residents on temporary trips abroad

    plus unused EB preferences in the previous fiscal year.
    The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.

    EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.




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  • 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...)???




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  • jonty_11
    07-06 01:05 PM
    He is a excellent lawyer it seems , may be i'll hire him ...

    What is his name , is he/she a AILA member ?
    Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.




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  • zoooom
    08-19 03:14 AM
    Bump



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  • coopheal
    03-10 07:05 AM
    So EB3-I may move only by 2 months for the rest of the year?
    Yes EB3I move is going to be painfully slow.




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  • baburob2
    03-16 03:21 PM
    Compromise reached on guest-worker plan
    Senate panel's deal includes legalization proposal

    http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php



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  • ny-nonrir
    05-10 04:58 PM
    Hi msp1976

    Why do you say 2001 folks would get NOF? Im a 2001 Aug but non-rir. Got my 45 DL in Dec 05 but nothing after that. My case was a SWA xfr. Does your analysis only apply to RIR?

    ny-nonrir

    I have analyzed the tracker from Rajiv Khanna's site. Here are some inputs.


    Cases transferred from federal offices :
    There is no set trend in processing of these cases. There are a substantial number of approvals.

    Cases transferred from SWA offices :
    There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
    The folks left over from 2001 may receive NOF or some query. I am not sure.
    If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...




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  • skd
    08-17 01:20 AM
    bharol, You and I have same Priority Date and Category Mine is also PD 3rd Sept 2004 ( EB-2)

    Let me know when you get your approval
    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.



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  • krishnam70
    07-23 08:36 PM
    Thanks for letting us know about your friends. At least we can see that USCIS is trying to clear 2004 applicants. They will be taking care of 2005 soon then. :D


    Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.

    anyway cheers -- go partying




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  • JunRN
    08-21 02:42 PM
    DMV California doesn't need proof of residence....it will ask for I-94 or Greencard to check your legal status....as for residence, it will only ask for your address and will not ask for any proof...

    Expiry of DL from Ca. DMV is based on I-94....



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  • lyu265
    04-02 02:12 PM
    EB-2 RIR
    NJ
    PD: April 2004
    45 Letter Received: Feb 2006




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  • samrat_bhargava_vihari
    04-27 02:47 PM
    I have my sister in law from India on H4. She got married after her husband got his 797B approved and so she does not have her own 797C. The DMV wants her own 797C approval notice to give her a temporary drivers license. How does she get that? Can she file some petition with USCIS to get it?

    Normally they need 2 kind of identification cards to make sure you are the right person. For H1 people it would be their passport/Visa/I-797/SSN etc.
    For H4 it would be his/her passport and visa makes two identifications, but some people consider it as just one identification so try with marriage certificate or Indian driving license. Some people will have different last name in marriage certificate and passport who need to provide some additional documents which are in DMV list. They accept documents only which are in their list.



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  • snathan
    05-23 09:15 AM
    If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.

    Hope I answered your query :)

    Actually I paid $100 and not $50. It was two $50 on the same day.




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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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  • texcan
    09-10 10:24 PM
    $200 contributed towards the rally!
    Google order #871308376702563


    GC2015,

    thanks for contribution.
    generous contribution like this will go a long way for
    good cause.

    Not that it matters btw frinds, but i had to add repo points for you. Glad to see it turned
    green for you.

    Thanks




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  • vegasbaby
    02-25 11:09 AM
    To those with H-1 extension issues:-
    I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
    The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!

    Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.

    Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.

    I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..



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  • sparky_jones
    09-01 08:50 AM
    Arrived in the US in Sep 1999
    Started the GC process in late 2002.
    Labor filed in Aug 2003
    Waiting...




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  • hopefulgc
    09-11 05:06 PM
    I honestly think EB3 should be around beginning of 2004 or later
    and eb2 possibly mid 2005 or later.

    All the calculations point to that.

    visa bulletins suck donkey ass.

    totally meaningless without USCIS divulging backlog stats.




    I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?

    Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help




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  • immi_twinges
    07-20 02:16 PM
    1. Threads concerned with the Action Items and Legislative matters should be separated from the usual GC related questionnaire

    If you look at the website you find a bunch of new threads related to 485 filing. Most of them bear answers in previous threads. People dont want to search..but that okay..they can form new threads if they are very desperate for the answers.

    But at the same time due to the flood of these messages we are missing important notices and action items like this one.If we separate them somehow it will be helpful.

    2. Lets have an organized tracking of 485s. Lets separate them by Visa category , country, PD or RD.
    ex: Eb3 country: India
    PD 2001: RD:...? LUD: ...?

    PD:2004:
    EB3 : China...
    ...
    ..
    Lets have an option of adding friends approx dates who are not immigration voice members. This way we can have rough estimate about what happening. Lets not make threads for each category.

    This way may be we have a very good track of the visas than USCIS...heheheh:D

    I guess most of the 1v members are s/w engineers...i am not...orelse i would have volunteered to do this...

    Anybody here ...who can spare some of their valuable time???
    Lets do more brainstorming




    Pineapple
    01-06 04:58 PM
    The video is obviously edited, so it is hard to put some of the statements into context without access to the entire transcript. (In any case, we cannot see what charts he is referring to)

    Anyway: Regarding the point that it is relatively easy to find skilled people here than in India, I tend to agree. However, the reason is that the most skilled graduates from India (and China) do not stick around for long there, and are actually to be found here! Without checking the raw data it is impossible to comment on Mr Wadhwa's assertion regarding ease of filling positions in US vs India/China. (For instance, does his data on US companies include positions (in US) filled by immigrants or does it include only positions filled by US born citizens?)

    Getting to where he is amazed that R&D is done in India & China, I'm not sure why that is surprising, and indeed, why should it even contradict his assertion that the vast majority of Indian/Chinese graduates are appalling. I'm not commenting on whether that assertion is true or not. I do not know, but, even granting it is true, it is important to remember that a minority of a large population might be as big, or bigger than the majority of a small population. (Remember, you have to exclude all foreign students from US universities and only include US born citizens in the population of American engineers. Why? Because all foreign students would need H1 to work here, just the same as a student in a Indian/Chinese university. To avoid 'double counting' basically) So how do we compare apples to apples? How do we compare "number of good engineers in US" vs "number of good engineers in China/India"? It is very hard to do that via a survey, if not impossible. The best survey is observing the "invisible hand" of the market: If good research is done in India/China, while simultaneously, immigrants from there have a had a huge role to play in Silicon Valley's success, that tells you something, does it not?




    carbon
    07-20 03:27 PM
    I thought Grassley is against skilled immigration!
    He voted Yea!



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