rdehar
06-04 01:39 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
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achiever2001
07-20 03:05 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
abhishek101
09-08 11:38 AM
Similar law exists in UK if you are on workpermit for 5 years you automatically get Permanent residency.
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santb1975
06-10 11:54 AM
^^^
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qplearn
12-19 11:00 AM
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
no the h-1b program will never be abolished. foreign workers are needed in univs for one. and don't forget that the chinese came here to build the rail-way(road) and the indians and chinese (and ppl from many other nationalities) to fix the y2k bug. but regarding making phone calls, i think your assesment is wrong. that made the biggest impact of all. and guess what it costs? almost nothing other than some time and cell phone minutes. let's call Senator Cornyn (see another thread started by jansilal).
no the h-1b program will never be abolished. foreign workers are needed in univs for one. and don't forget that the chinese came here to build the rail-way(road) and the indians and chinese (and ppl from many other nationalities) to fix the y2k bug. but regarding making phone calls, i think your assesment is wrong. that made the biggest impact of all. and guess what it costs? almost nothing other than some time and cell phone minutes. let's call Senator Cornyn (see another thread started by jansilal).
nojoke
09-05 07:05 PM
There is no doubt about NRIs are the prime reason for the real estate boom in India. It is tottally unbelivable that 2 bedroom flat in a normal second class town has gone to up to 40 lakes. Decent independent houses are in terms of crores in small cites. Two factors. One is foreign money and second in black money from local dadas/politicians. Also demand vs supply. The availble land is small and demand for that land is too high due to these two gropus.
I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.
Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:
I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.
Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:
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gondalguru
07-11 02:11 PM
EB2 India and EB2 China will have same cut off dates. I recall reading the USCIS explanation (in one of those AILA - USCIS conference) regarding distribution of unused EB2 ROW numbers and they mentioned that they have to keep EB2 I-C same till those catagories become current.
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chanduv23
05-15 10:23 AM
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.
First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.
In your case, i think, you also have to at the least send an email to the Ombudsman.
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.
First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.
In your case, i think, you also have to at the least send an email to the Ombudsman.
more...
Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
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...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
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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bheemi
07-06 01:33 PM
if it is rumor how can u expect source man..it is rumor thats all...
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pankajkakkar
09-11 11:46 AM
through Google Checkout.
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bkarnik
04-26 12:43 PM
khnmbd:
Is the SJC convening on 27th to discuss immigration reform? Do you have any more details? The website talks about voting rights?
Is the SJC convening on 27th to discuss immigration reform? Do you have any more details? The website talks about voting rights?
more...
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greyhair
04-30 09:25 PM
Sen. Kyl: Has also released a press statement, did not read it, asked me to check it on the senators webpage. Took my opinion though.
Senator Jon Kyl Press Office (http://kyl.senate.gov/record.cfm?id=324534)
Kyl and Graham have released the press statement together -
Kyl, Graham Response to Partisan Democrat Immigration Proposal
WASHINGTON, D.C. � U.S. Senators Jon Kyl and Lindsey Graham today made the following statement in response to the immigration reform proposal announced by Senate Democratic Leader Harry Reid and other Democratic Senators:
�A conceptual paper that promises everything to everyone is not the same as responsible legislation that compiles the best ideas from both sides of the aisle. The Senate Democrats� proposal is nothing more than an attempt to score political points. It poisons the well for those of us who are working toward a more secure border and responsible, bipartisan reform of our immigration laws.
�What is being billed as a comprehensive immigration and enforcement package, is actually far more permissive than the 2007 bill. It doesn�t provide the funding to ensure that the border is actually secured, it doesn�t end chain migration, and there is no real temporary worker program. Both of us have been involved in serious efforts to pass comprehensive immigration reform, and believe, given the increase in violence along the border, that additional border security measures must be funded immediately.
�Since 2007, threats have increased, some border technology has failed, and the American people have lost confidence in the federal government�s ability to secure our borders. So it is our belief that Congress should focus on border security first and that will eventually allow Congress to seriously consider bipartisan immigration reform, instead of politically-motivated �conceptual papers.�
�Most of the border enforcement measures that have been proven effective can be achieved by appropriating necessary funding. We need to work on a bipartisan basis to get this done.�
Senator Jon Kyl Press Office (http://kyl.senate.gov/record.cfm?id=324534)
Kyl and Graham have released the press statement together -
Kyl, Graham Response to Partisan Democrat Immigration Proposal
WASHINGTON, D.C. � U.S. Senators Jon Kyl and Lindsey Graham today made the following statement in response to the immigration reform proposal announced by Senate Democratic Leader Harry Reid and other Democratic Senators:
�A conceptual paper that promises everything to everyone is not the same as responsible legislation that compiles the best ideas from both sides of the aisle. The Senate Democrats� proposal is nothing more than an attempt to score political points. It poisons the well for those of us who are working toward a more secure border and responsible, bipartisan reform of our immigration laws.
�What is being billed as a comprehensive immigration and enforcement package, is actually far more permissive than the 2007 bill. It doesn�t provide the funding to ensure that the border is actually secured, it doesn�t end chain migration, and there is no real temporary worker program. Both of us have been involved in serious efforts to pass comprehensive immigration reform, and believe, given the increase in violence along the border, that additional border security measures must be funded immediately.
�Since 2007, threats have increased, some border technology has failed, and the American people have lost confidence in the federal government�s ability to secure our borders. So it is our belief that Congress should focus on border security first and that will eventually allow Congress to seriously consider bipartisan immigration reform, instead of politically-motivated �conceptual papers.�
�Most of the border enforcement measures that have been proven effective can be achieved by appropriating necessary funding. We need to work on a bipartisan basis to get this done.�
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nk2006
07-06 01:10 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
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sansas
02-27 11:55 AM
Dreaming on the April Visa Bulletin in the US
How about placing a fast forward button and soon you will realized that the US Immigration DOS will issue a spectacular Visa Bulletin for April 2009. See the results of the said bulletin. The Employment base Visas will be current except China. So how did the USCIS allocate these number of Visas, for sure Obama had precedent a recapture except China.
http://nursepod.com/blog/?p=168
How about placing a fast forward button and soon you will realized that the US Immigration DOS will issue a spectacular Visa Bulletin for April 2009. See the results of the said bulletin. The Employment base Visas will be current except China. So how did the USCIS allocate these number of Visas, for sure Obama had precedent a recapture except China.
http://nursepod.com/blog/?p=168
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dpp
10-11 09:00 PM
We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
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Student with no hopes
09-10 08:36 AM
Came here in 2005, graduated in 2009, on OPT - have not filed for GC yet - can't imagine when I will get gc
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krishnam70
01-14 12:11 PM
Think NSC needs to wake up about this AP delays. Lots of travel plans cancelled or moved to later dates to deal with this inordinate delays. Is it time for another flower campaign?
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amitjoey
05-24 01:10 PM
If you have not called during the campaign, Please do so now.
paskal
09-30 04:07 PM
USCIS can process recaptured numbers. If 200k numbers are in one year USCIS will plan for 200k numbers in that year.In 2000 they processed more applications after a immigration reform. One way of preventing wastage is plan to process all the applications in 11 months. If any unused numbers can be processed in that one month.
if they give green cards for sucking up?
and by your usual logic, why can't they plan for 140,000 every year? they know in advance don't they? there has been a year in which almost half the green cards were wasted- look it up yourself- the fact remains that they waste every year and it is useless to expect that they will suddenly and consistently do much more than is being asked now. unless...something changes...
just for my info do you find anything at all wrong with the whole process? or are we just misguided fools that you are here to educate?
if they give green cards for sucking up?
and by your usual logic, why can't they plan for 140,000 every year? they know in advance don't they? there has been a year in which almost half the green cards were wasted- look it up yourself- the fact remains that they waste every year and it is useless to expect that they will suddenly and consistently do much more than is being asked now. unless...something changes...
just for my info do you find anything at all wrong with the whole process? or are we just misguided fools that you are here to educate?
chocolate
06-05 09:04 AM
If this bill pass without our provisions in it lot of us will be doomed!!
If the bill passes then obviously they have to look into people who are stuck in labor in BECs right. Look at the labor substitution elimination rule it will go into effect from July 15 and its still 1 1/2 months. Also it gives relief to people who havent applied next stages although labor approved and whose labor is to approve.
If the bill passes then obviously they have to look into people who are stuck in labor in BECs right. Look at the labor substitution elimination rule it will go into effect from July 15 and its still 1 1/2 months. Also it gives relief to people who havent applied next stages although labor approved and whose labor is to approve.
