immm
07-18 06:13 PM
Now we can take the thread back to the original issue Order Of I-485 Processing.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
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never_giveup
08-14 10:45 AM
I have been reading your suggestions about visiting DC and/or organizing flower campaign. They are good suggestions and I really liked the flower campaign when it was first done in 2007. But I think, repeating it and sending bunches of flowers to the offices of senators would not influence them as much.
Instead I think, if we can all send some donations to a charity which each of these senators is associated to, it would help the charities and might also influence the senators/congressman more. This will also serve as a reminder about the positive contributions of the immigrant community to this country.
I would welcome suggestions from other experienced members on how this can be implemented. But my initial thoughts are, we identify the senators/congressman(woman) we want to contact, select a local charity, or a charity to which these people are associated with, and send in checks of 5 or 10 dollars per person to each of these charities.
Even if each of us is willing to contribute $100, we might be able to reach 10-20 of these lawmakers. And there is nothing we are losing here even if the lawmaker turns a blind eye to our cause. The money will be used for charity and so it serves some purpose.
And along with the donations, we can request them to support the Visa Recapture Bill, which will help all of us.
And my EB2 friends, we need your help also, as you never know how these dates can change in the coming months. Nothing is done and over untill you get the physical card. Dont mean to dampen your spirits, but you and I know what the truth is.
Let me know if there are any takers for this.
Instead I think, if we can all send some donations to a charity which each of these senators is associated to, it would help the charities and might also influence the senators/congressman more. This will also serve as a reminder about the positive contributions of the immigrant community to this country.
I would welcome suggestions from other experienced members on how this can be implemented. But my initial thoughts are, we identify the senators/congressman(woman) we want to contact, select a local charity, or a charity to which these people are associated with, and send in checks of 5 or 10 dollars per person to each of these charities.
Even if each of us is willing to contribute $100, we might be able to reach 10-20 of these lawmakers. And there is nothing we are losing here even if the lawmaker turns a blind eye to our cause. The money will be used for charity and so it serves some purpose.
And along with the donations, we can request them to support the Visa Recapture Bill, which will help all of us.
And my EB2 friends, we need your help also, as you never know how these dates can change in the coming months. Nothing is done and over untill you get the physical card. Dont mean to dampen your spirits, but you and I know what the truth is.
Let me know if there are any takers for this.
AabTuAgaGC
01-04 12:24 PM
I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.
I filed on July 27th as well, but have received nothing. Not even a LUD. I have travel plans for Feb 2nd. All reservations done, ticket issued, leave approved, but still no AP:mad: What should I do:mad::mad::mad:
I filed on July 27th as well, but have received nothing. Not even a LUD. I have travel plans for Feb 2nd. All reservations done, ticket issued, leave approved, but still no AP:mad: What should I do:mad::mad::mad:
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virald
10-01 05:20 PM
Let us wait for the statement from USCIS
Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:
Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:
more...
gc_eb2_waiter
06-01 03:37 PM
Does this mean no new Labors? or no new I-140s? or no new I-485s after May 2007. Someone with more information please clarify.
coopheal
03-09 10:06 PM
Of all the wrongs in April VB +ve thing is EB3-I moved. It moved to the extent it moved last year (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data).
So for EB3-Is take console on these
1) Horror of 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
So for EB3-Is take console on these
1) Horror of 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
more...
pappu
08-08 10:20 AM
Everyone,
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
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theperm
08-01 05:02 PM
would really like to reflect my thoughts, experience & opinion in writing, but please do note: i don`t have a journalisim background.
more...
dog123
09-02 11:48 AM
Come here in 1999 on F1
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maverick_s39
09-15 04:18 PM
gctest, personally I don't see any issue with eb3 to eb2 porting, look at the porting opportunity from eb3 applicant's point of view, these applicants are waiting since 2001 for GCs but EB2 applicant with PDs 2005 are getting GCs, eb3 to eb2 porting is a way for them to jump ahead of 2006 eb2 filers and get their GCs, I don't see anything wrong with it, sure it causes 2003/04 eb2 filers (very few I guess) to wait a little longer but every law has a loophole and we just have to live with it,
How many eb2 filers are really qualified for eb2 labors? I see lot of consulting firms abusing eb2 labors and lot of people who are playing the game fair are left behind, I feel porting labor is a way to level the playing field, also people who filed eb3 labors in 2001, 2002 are qualified for 2005 eb2 labor anyway, just think these applicants file eb2 labor in 2005, as you said if they are not eligible they will be denied to use the opportunity and its OK if you wait a little longer
How many eb2 filers are really qualified for eb2 labors? I see lot of consulting firms abusing eb2 labors and lot of people who are playing the game fair are left behind, I feel porting labor is a way to level the playing field, also people who filed eb3 labors in 2001, 2002 are qualified for 2005 eb2 labor anyway, just think these applicants file eb2 labor in 2005, as you said if they are not eligible they will be denied to use the opportunity and its OK if you wait a little longer
more...
snathan
12-16 01:07 PM
we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side
Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..
time for some action now..
One small correction. Zoe Lofgren is congress woman and not a senator.
Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..
time for some action now..
One small correction. Zoe Lofgren is congress woman and not a senator.
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imind
03-12 03:30 PM
It bacame hard to find job with H1B. Most of the companies asking to work on 1099/w2 with EAD or Self Incorporated company LLC Certificate. In this case:
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis (lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed (In this case, only my wife name will be displayed in LLC Certificate as 100% owner and my name is not in LLC Certificate) in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?(Assume that I already opened LLC on my wife's EAD and 100% owned, and my nameis not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
Q4: If I include my name as member/partner in my wife's LLC certificate, can I able to work for any company on 1099 basis (Not corp-to-corp) .
As this is very critical step and helps lot of people, please help and advise the BEST possible options/path with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis (lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed (In this case, only my wife name will be displayed in LLC Certificate as 100% owner and my name is not in LLC Certificate) in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?(Assume that I already opened LLC on my wife's EAD and 100% owned, and my nameis not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
Q4: If I include my name as member/partner in my wife's LLC certificate, can I able to work for any company on 1099 basis (Not corp-to-corp) .
As this is very critical step and helps lot of people, please help and advise the BEST possible options/path with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
more...
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SkilledWorker4GC
07-15 04:51 PM
Can we send out an email to all 30k members asking for contribution to High Five funding drive? It is quiet possible that many might not have logged on since yesterday.
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lonedesi
06-19 10:05 AM
Also, please contact this person:
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
more...
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chandsri81
04-27 06:53 AM
Thank you! I have sent them my I-140 and 485 and also past and present EADs to show that this is something that needs to be renewed every 2 years.
Keeping my fingers crossed now..
Keeping my fingers crossed now..
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jasmin45
08-02 03:49 PM
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.
I am not sure about the other service centre. Sorry dudes.
This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.
more...
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JunRN
09-28 10:08 PM
Well, do you want to be the most cursed person in the world?:D
Regards,
IK
Putting myself in their shoes...that's why I don't curse them...not even once...I pray that they do their job honestly and efficiently...that's the least they can do for us...
who knows some of them are legal immigrants as well!
Regards,
IK
Putting myself in their shoes...that's why I don't curse them...not even once...I pray that they do their job honestly and efficiently...that's the least they can do for us...
who knows some of them are legal immigrants as well!
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harivenkat
08-13 10:52 AM
as the least consolation.... h1b should get free passes to see demo of those unmanned aerial drones.... :D
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
webm
04-30 10:48 AM
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
Let's hope for the best decision!!
------------------
EB3-I PD Oct,01,2001
485 RD-June,2007 (TSC)
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
Let's hope for the best decision!!
------------------
EB3-I PD Oct,01,2001
485 RD-June,2007 (TSC)
amitjoey
09-01 10:14 AM
Landed August 98 as a Student.
12 years on- waiting
12 years on- waiting
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