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  • anju
    07-19 05:30 PM
    I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?

    I am on the same boat. But I don't know the answer! Guys please help.




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  • andy garcia
    10-01 11:28 AM
    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    Thanks h1techSlave;

    I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
    just because I said so.

    Remember that this system was designed back when there was one single queue.


    You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
    After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
    After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.


    Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued




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  • danu2007
    07-18 09:54 PM
    Joined in the month of July and contributed $100 and will sign up recurring one.




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  • ramus
    07-19 06:16 AM
    Only when you contribute more.. just kidding.

    Thanks for your contribution.


    Just did a paypal payment of $100
    Confirmation Number: 42U11755V4035824R.

    Great job, IV. I am proud to be a member of this community?

    Where can I get an F5 key? :)



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  • dummgelauft
    06-11 09:43 AM
    I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.

    If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.

    Here are a few things you can do:

    1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.

    2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.

    3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.

    USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.

    4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.

    5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.

    TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.

    I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.

    That is the least I could do to peacefully protest against the discrimination against me and my country people.

    True to your handle, your ideas if implemented, can turn the tide (or move the mountain) as Sri Hanuman did!!
    BUT, amigo, seriously, don't you think we, Indians as a community, are the biggest sell-outs. Only somebody with the caliber of Subhash Chandra Bose can bring us together




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  • pd_recapturing
    10-17 10:17 AM
    As I said before, I am willing to spend time (and of course money) to go and talk to anyone who can help us in this regard. Though, I am not in this situation but who knows. Guys, pls come forward and participate in this very very imp campaign.



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  • diptam
    08-12 03:21 PM
    The answer is "No" - my employer is also not willing to sign that form. They are saying that its against their policy to push Ombudsman or CIS for a I-140 which is pending for 15 months.

    They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.

    This is a huge Pain because 140 is actually employer petition and we are beneficiaries.

    Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.

    Hi Lonedesi and team,

    I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?

    Does it make sense ? Please advise.

    Thank you!




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  • villamonte6100
    04-01 02:19 PM
    Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...

    Mirage,

    I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.

    We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.

    I think the same is true in your country.

    How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.

    Think about that.



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  • lonedesi
    07-11 08:49 AM
    I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.




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  • meridiani.planum
    02-23 11:45 PM
    Progress of PDs are similar the ones which happened prior to June 2007. May be there is a chance of repeating that now......

    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data

    interesting data. thanks to whoever put it up.

    So if the pattern of last 2 years also holds this year, there will be slow month or 2 month movement until the last quarter (july/aug/sept) and then boom-bada-boom massive movement of maybe a couple of years. In that last quarter its all hit or miss, some 20-30% of people who get current will get GC (like what happened last year) then again back to 1 year of creep and crawl... hopefully by then we get some form of immigration legislation to clear this backlog.



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  • pani_6
    08-13 06:35 PM
    New Action Item for EB-3




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  • raysaikat
    01-06 11:26 PM
    raysaikat - You must be kidding by trying to prove that you have taught 1000s of Anna/Osmania University students & number of them are bad as you described. You started in 100s & are now talking about thousands and I am sure if this argument continues you would go to even higher numbers just for the heck of proving your point.

    Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.



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  • h1techSlave
    04-12 03:40 PM
    I have read online that S-corp is better than LLC. Is that true?

    Below is some info that I have collected:

    Anyone who is planning to do business within the State of Maryland, using a name other than their own personal name, must register with the state of Maryland (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html) ). If your business is a sole proprietorship, you do not need to register your business with the state.

    For help selecting a legal structure for your business, visit our Business Incorporation (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html)) guide.

    Your choices include sole proprietorship, partnership, corporation, "S" corporation or limited liability corporation (LLC). Personal liability, taxes, paperwork and regulations vary greatly among the different legal business structures. Your attorney and accountant will play a key role in assisting you in this important decision.

    C Corp will be double taxation. While S corp is not.
    The profit earned thru C Corp can be taken out by the owner of the company. But he has to pay 15% tax.

    What company to start - LLC (or) C- Corp. In our non-immigrant view, this is the difference - Under LLC, your company A's financial profit/loss etc will appear on your tax return. In other words, when you are out there at the consulate requesting a visa (or) for any other purpose and the officer asks for your tax return, there is a likelihood that the officer will ask you about all those financial records in the tax return.. and you will have to explain about your company which could lead to some other questions - what company and who are the employees etc etc ??

    Under C- corp - it is like investing in the stock market. It will show that you have invested in a company stock and that company has paid you dividends. Period. So personally i prefer C-corp... there will be less questions in the future. I donot know if i'am right or wrong. Professionals out there can correct me if i'am wrong.

    Now for the real differences - Under C-corp, you will be taxed twice - (ie) The company makes profit and there is a tax on that. Now the company divides the profit and gives it to its owners (you), and you get taxed for the dividends. bottomline - if C-corp, then it is like investing in the stock market.
    Under LLC - the company profit's trickle down to your profits and you pay taxes only once.




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  • diptam
    10-08 12:10 AM
    The reply that Ombudsman office wrote on Sep 11th came to my hand just today Oct 7th - looks like they have backlog in mailing letters as well.

    Anyway - the summary of the letter is similar to he email discussion few days back ( as below ) ... USCIS should get back to me in 45 days i.e end of Oct 08

    Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.

    Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.



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  • JunRN
    08-08 06:11 PM
    I'm on Schedule A. My attorney filed my I-140/485/EAD on July 30 and it reached USCIS on the 31st. I am now waiting for the Receipt Notice which my lawyer says may take three to four weeks.

    I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?




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  • amsgc
    05-29 10:32 PM
    Receipt ID: 0375-0762-4300-7538

    Let's keep 'em comming!



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  • Alabaman
    02-24 10:04 AM
    Yes story is thesame. The US is unfair to high skilled immigrants. I lived in the US for 8 years. School, worked, volunteered, purchased a home, etc. When the down turn came, I was left high and dry. No unemployment benefits with all the taxes and social security that I have paid. To make matters worse, I was required to depart the same day. I had properties... been living here for 8 years!!

    Even though I made this choice, it does not make it humane to have such a system. You ask, what does the US really gain by making people go through the stress, anxiety, sleepless nights? Nothing.




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  • vbkris77
    02-24 12:14 PM
    With US becoming in-tolerant to Legal immigration, Australia moving to toughen rules, BNP winning seats in UK, Singapore curtailing immigration, India denying visas and the list continues..

    It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.

    I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.

    I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.

    This year H1B quota is an eye opener. I think the trend continues next year and year after.

    But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.

    Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.

    Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.




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  • cheg
    07-23 05:53 PM
    You're very observant. :) My husband depends on me to know our case. I'm H4 so all I do is read updates on immigration. I got addicted to IV! :D

    I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.

    One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D




    lonedesi
    08-11 08:33 AM
    Members who mailed the letters & form please post here and let us know so that we get an idea how many people actually took part in this campaign so far.




    ashutrip
    06-20 01:16 PM
    Yes, maybe we try for pre-approved labor before July end?
    what on earth is that supposed to be?



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