eb3_nepa
07-15 03:57 PM
zooom and fundo14 good job on updating your signatures.
Contributing members, please update your signatures with a link to this thread.
Keep the high fives rolling guys :)
Contributing members, please update your signatures with a link to this thread.
Keep the high fives rolling guys :)
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justAnotherFile
08-08 03:22 PM
good note.
I think a line or two on how the EB immigrant is hampered while waitng for those 5-10 years will be useful. (i.e limited by not being able to switch jobs or even roles within the same company because switching would mean restarting the GC all over from scratch, and spouses having to remain idle even if they are highly qualified on their own, and difficulty of investing in real-estate without any permanance)
I think a line or two on how the EB immigrant is hampered while waitng for those 5-10 years will be useful. (i.e limited by not being able to switch jobs or even roles within the same company because switching would mean restarting the GC all over from scratch, and spouses having to remain idle even if they are highly qualified on their own, and difficulty of investing in real-estate without any permanance)
vk_vkumar
07-15 03:14 PM
The following memo from DOS to CIS says it all:
July 2, 2007
TO : CIS Section 245 ADJUDICATIONS
FROM : Immigrant Visa Control
SUBJECT : Authorizations for Employment CASES
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.
Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases
July 2, 2007
TO : CIS Section 245 ADJUDICATIONS
FROM : Immigrant Visa Control
SUBJECT : Authorizations for Employment CASES
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.
Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases
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channj
03-10 09:24 AM
I got a home loan last year through SunTrust on EAD without any issues. You would need to provide more documentation such as I-140 approval, I-1488 receipt copies. :)
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pcs
07-05 03:40 PM
Guys meet your Congressman !!!
funny
09-11 04:40 PM
Thats the only thing hadn't happened so far......and now we have it...People are blaming IV now...I hope this is not true.
http://www..com/discussion-forums/i485-1/124475663/last-page/
http://www..com/discussion-forums/i485-1/124475663/last-page/
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kartikiran
07-11 11:07 AM
Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!
I agree with eb3_nepa...waiting with EB3 PD March 2002..original labor certification...people who applied after me getting citizenships...it is frustrating.
I agree with eb3_nepa...waiting with EB3 PD March 2002..original labor certification...people who applied after me getting citizenships...it is frustrating.
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Ahimsa
02-26 03:42 PM
After 3 years and 3 months, my labor case is certified online today 2/26/07
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she81
07-24 08:33 PM
But it did not help much. Basically, when you call PBEC if you come across the switch board operator, who usually sits in the forenoon sessions, you will not have any luck at all. She would ask you to send any queries/questions thru your attorney. I called both DOL and PBEC numbers several times. DOL people, while souding helpful, always said that they are helpless. As for PBEC, most times, I ran into this operator who gruffly told me to talk to my lawyer. I did talk to someone other than the switch board operator on a few occassions and they did give me some useful information. I then used that information to pester my attorney to take some action. I found it is generally best to call on Wednesdays/Thursdays during afternoon sessions. This is just my personal observation. In your case, there is nothing wrong in trying, is there? It is better to try and fail than not trying at all...
My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...
Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.
fb
Thanks a lot for the heads up. I'm sure your advice will come in handy tomorrow. I've asked my attorney to call, but they simply won't venture into it and recommend waiting until the end of this month. Finally, I'm taking it in my hands.
I'm sorry to hear your saga. It all boils down to sheer good luck, isn't it? Good luck with your case.
My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...
Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.
fb
Thanks a lot for the heads up. I'm sure your advice will come in handy tomorrow. I've asked my attorney to call, but they simply won't venture into it and recommend waiting until the end of this month. Finally, I'm taking it in my hands.
I'm sorry to hear your saga. It all boils down to sheer good luck, isn't it? Good luck with your case.
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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...)???
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...)???
more...
uumapathi
03-04 01:17 PM
I have a refi approval from DCU for a 15yr 5% 0pts and I am in AOS status. They did not have any issues with that.
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usirit
09-16 04:28 PM
I am an H1B holder.... my wife holds an H4. Her DL expired and it has been impossible to get her a renewal. On our last discussion it was brought to our attention that their could be a discrepancy between DHS data (my wife's birthday) even it shows correct in all documents printed by them and the Indiana's BMV database. Meanwhile she is holding 'Temporarily Driving Permits' (piece of paper) that expires every 30 days....
Any thoughts...
Any thoughts...
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JazzByTheBay
09-10 08:51 PM
It was naive for everyone, including those with PDs in 2006/2007 (and - here's the funny part.. even those who recently filed... ) to suddenly expect the tap to be flowing with full force and everyone's AOS being approved magically in the months of August and September 2008.
We have historical data about the USCIS' efficiencies - but for those who believed (and I'm not excluding myself here... ), it was probably a welcome break, full of hope. It was great while it lasted.
In the process, we've lost focus on the bigger goals - HR 5882 being one of them.
When things were "CURRENT", all we could think of was tracking LUDs and claiming superiority based on an earlier PD or a "U.S. Masters... ".
Again, it's time to take a hard look at past successes and failures, question why we're still in this country, and if you have no doubts about that - get back to the business of pushing for legislation, imho.
jazz
Please realize that HR 5882 is the only hope for now. I had mentioned in my previous posts that EB 2 I/C will retrogress in Oct (many said i was just saying this because i was EB3). This is not the time to be complacent or hope that USCIS will start dishing out visas and clear the backlogs. Help in working towards getting something done with the bills, the window of opportunity is very short.
We have historical data about the USCIS' efficiencies - but for those who believed (and I'm not excluding myself here... ), it was probably a welcome break, full of hope. It was great while it lasted.
In the process, we've lost focus on the bigger goals - HR 5882 being one of them.
When things were "CURRENT", all we could think of was tracking LUDs and claiming superiority based on an earlier PD or a "U.S. Masters... ".
Again, it's time to take a hard look at past successes and failures, question why we're still in this country, and if you have no doubts about that - get back to the business of pushing for legislation, imho.
jazz
Please realize that HR 5882 is the only hope for now. I had mentioned in my previous posts that EB 2 I/C will retrogress in Oct (many said i was just saying this because i was EB3). This is not the time to be complacent or hope that USCIS will start dishing out visas and clear the backlogs. Help in working towards getting something done with the bills, the window of opportunity is very short.
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ashutrip
06-20 01:28 PM
Refer this.
http://immigrationvoice.org/forum/showthread.php?t=2567
anybody here who got his labor certified from Atlanta off late
http://immigrationvoice.org/forum/showthread.php?t=2567
anybody here who got his labor certified from Atlanta off late
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GeetaRam
12-01 09:33 AM
Thanks a lot for your reply 9 years...
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Blessing&Lifeisbeautiful
10-23 12:34 AM
They are proposing to recapture 61,000 unused visa for Schedule A. Keep praying everyone!
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sampath
04-25 02:04 PM
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
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immigc06
09-13 04:23 PM
I guess you are from NumbersUSA trying to create diffs between EB2 and EB3. Nice try, its not going to work.
If you are not then you need a vacation.
If you are not then you need a vacation.
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rsamudrala
07-13 01:35 PM
Simi Valley
r_mistry
01-11 05:42 PM
Hi,
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
royus77
07-17 11:23 PM
Given That All Dates Are Now Current And There Will Be Hundreds Of I-485 Filings By August 17, Will The Uscis Process Them In Order Of The Original Labor Cert Priority Date Or The Date Of Receipt Of The I-485 Filing Itself?
Only on PD when the date is current
Only on PD when the date is current
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