bidhanc
03-11 10:51 AM
I guess it's not a VERY GOOD IDEA THEN.
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
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."
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
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."
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gc28262
08-08 08:30 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 ?
This way it will turn out to be a letter campaign.
What do you think ?
desi485
03-17 07:26 PM
Which part says that you are not eligible? Please elaborate.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
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villamonte6100
04-02 01:25 PM
Can somebody explain me why this disco guy and this Villamonte guy are even on this forum ??? We are sitting here for 9-10 years telling our folks in our home countries, I'll come in may, no probably july, no in july my papers goes for renewals,, may be Dec. no in Dec. tickets are too expensive and in March I have my project live date, may be next may oh no by then I'll have to send my papers for renewal.... well you know what, forget about me, you stay happy where you are and I live happily here....
And these people are telling us USCIS is doing what they should be doing...
Because this is an open forum or it is called a forum and I'm a member like you.
Mirage, we have our own frustrations with USCIS and I'm with you, but if you really think that you can get the information you wanted from USCIS, go ahead. Nobody is stopping you.
Come on.
And these people are telling us USCIS is doing what they should be doing...
Because this is an open forum or it is called a forum and I'm a member like you.
Mirage, we have our own frustrations with USCIS and I'm with you, but if you really think that you can get the information you wanted from USCIS, go ahead. Nobody is stopping you.
Come on.
more...
nk2
07-16 09:24 AM
Paid 50$ thru DCU Bill pay - conf number 7YHRV-XC1JL
yabadaba
08-02 08:15 PM
Pappu...emailed it to u. Core IV let me knoe if u want it.
more...
eastindia
09-27 12:52 PM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
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santb1975
07-15 09:47 PM
Let us see if this campaign gets participation from SoCal members who do not visit IV boards on a day to day basis
more...
gctoget
07-19 12:58 PM
Hi eagerr2i,
Just saw the message. Will send you a PM on this. FYI to other members, I know someone has prepared a list of So. Cal members which is very comprehensive. I will try to send a PM to get their details. If you have any other questions, please feel free to send me a PM or an email at twinbrothers@gmail.com
Here is a list of 53 members so far registered in SoCal chapter:
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
Just saw the message. Will send you a PM on this. FYI to other members, I know someone has prepared a list of So. Cal members which is very comprehensive. I will try to send a PM to get their details. If you have any other questions, please feel free to send me a PM or an email at twinbrothers@gmail.com
Here is a list of 53 members so far registered in SoCal chapter:
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
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JunRN
08-13 09:13 PM
I think everything will normalize in October. From RN, EAD may take three to four months.
more...
needhelp!
09-12 07:30 PM
Allen American
Athens Daily Review
Azle News
Corsicana Daily Sun
Dallas / Fort Worth Heritage
Denton Record-Chronicle
Dallas Examiner
Dallas Morning News
Dallas Observer
Dallas Post Tribune
Dallas Voice
El Hispano News
El Sol de Texas
Gainesville Daily Register
Greenville Herald Banner
Hood County News
Paris News
Senior News Source
Stephenville Empire-Tribune
Terrell Tribune
Texas Jewish Post
Wise County Messenger
NetMio.com
D Magazine
KLIF 570 AM
KNES 99.1 FM
DCTV (Ch. 27A, 11B, 13B, 14B, 15B)
Texas Triangle
Plano Star Courier
Fort Worth Star-Telegram
KRLD 1080 AM
WBAP 820 AM
Printed Letters being mailed to:
USA Radio Network
2290 Springlake Rd, Ste 107
Dallas, TX 75234
Salem Radio Network
6400 N Beltline Rd, Ste 210
Irving, TX 75063
KSCS 96.3 FM
2221 E Lamar Blvd, Ste 300
Arlington, TX 76006
KETR 88.0 FM
KNTU 88.1 FM (NPR ) Univ of North Texas
KERA 90.1 FM (NPR)
Athens Daily Review
Azle News
Corsicana Daily Sun
Dallas / Fort Worth Heritage
Denton Record-Chronicle
Dallas Examiner
Dallas Morning News
Dallas Observer
Dallas Post Tribune
Dallas Voice
El Hispano News
El Sol de Texas
Gainesville Daily Register
Greenville Herald Banner
Hood County News
Paris News
Senior News Source
Stephenville Empire-Tribune
Terrell Tribune
Texas Jewish Post
Wise County Messenger
NetMio.com
D Magazine
KLIF 570 AM
KNES 99.1 FM
DCTV (Ch. 27A, 11B, 13B, 14B, 15B)
Texas Triangle
Plano Star Courier
Fort Worth Star-Telegram
KRLD 1080 AM
WBAP 820 AM
Printed Letters being mailed to:
USA Radio Network
2290 Springlake Rd, Ste 107
Dallas, TX 75234
Salem Radio Network
6400 N Beltline Rd, Ste 210
Irving, TX 75063
KSCS 96.3 FM
2221 E Lamar Blvd, Ste 300
Arlington, TX 76006
KETR 88.0 FM
KNTU 88.1 FM (NPR ) Univ of North Texas
KERA 90.1 FM (NPR)
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axp817
03-12 02:57 PM
I'm all for the donors only area.
nuff said,
nuff said,
more...
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eb2_immigrant
03-05 03:39 PM
We had soft LUD on our cases as well, for both my wife and me. Hope it will be all good. My Atty mailed the application on 6/31 and it was receipted on 09/07/07.
Where us your application at ? TSC or NSC?
Where us your application at ? TSC or NSC?
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ramus
07-06 01:29 PM
Why USCIS suddenly did this press release? Something fishy?
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
more...
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pappu
09-12 04:19 PM
Even if many people write a few times to the same reporter it is ok. Make sure it is not a spam. This means,send a personalized letter and try to use different templates for cover letters.
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gctest
09-13 04:10 PM
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
Here is the form you can fill out to express support:
http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
View the read only document here:
http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Here is the form you can fill out to express support:
http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
View the read only document here:
http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
more...
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kaisersose
06-10 11:42 AM
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
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she81
07-24 06:52 PM
I am planning to call PBEC for my case. My recruitment was completed early this month but the lawyers haven't received a recruitment report instruction letter. I want to request them to at least send the letter since everything else is ready. Did anyone have any luck calling on their own? Or do they only want to speak with employer/attorney?
Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.
Very much appreciate a response from someone.
Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.
Very much appreciate a response from someone.
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belmontboy
09-01 07:03 PM
----
Mind what you say in an open forum.
These type of information can fuel anti's cause.
Job requirements "exist" in the company.
They are not created by employers or lawyers for the sake of GC.
Mind what you say in an open forum.
These type of information can fuel anti's cause.
Job requirements "exist" in the company.
They are not created by employers or lawyers for the sake of GC.
paisa
07-06 03:23 PM
--- Good one :D
you mean 60k
you mean 60k
ngopikrishnan
12-08 11:03 PM
Just thought it will be an useful info.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
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