jthomas
03-27 01:01 PM
Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc
My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.
I went through some of the process but it does not suit me so i backed off.
Please update your information.
My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.
I went through some of the process but it does not suit me so i backed off.
Please update your information.
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chanduv23
07-11 12:47 PM
Ok I called her - she is interviewing Ashish and Rohika. If anyone in NYC, please call her. Even if you are Indian - call her, it would be better of you are from another country.
GC_1000Watt
01-26 12:50 PM
Question to Mr. President:
In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.
I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.
Thanks in advance.
One of the many a thousands of sufferer of slow employment based green card system.
In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.
I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.
Thanks in advance.
One of the many a thousands of sufferer of slow employment based green card system.
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longq
03-29 11:30 PM
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
:-)
Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.
My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.
:-)
Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.
My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.
more...
Caliber
05-08 09:49 AM
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
USCIS has certainly improved a lot.
ivar
02-12 02:00 PM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
more...
gondalguru
06-19 11:45 PM
Please help me as I am in big confusion.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
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sertasheep
04-03 05:51 PM
Jinger,
You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.
There is no solution, other than legislative change to the objectives listed by the IV team.
you should visit kamya.com for spouse related issues.
You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.
There is no solution, other than legislative change to the objectives listed by the IV team.
you should visit kamya.com for spouse related issues.
more...
Oct007
12-13 09:57 AM
Jawbreaker,
Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
(there are a few threads for Namecheck)
If you are on H1B, keep renewing it
If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.
you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)
budget money for EAD and AP renewals. Damn those are expensive now with the increased rates
and If nothing happens in 15 months, get ready for one more FP appointment.
check IV and other forums and help others with questions.
Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
(there are a few threads for Namecheck)
If you are on H1B, keep renewing it
If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.
you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)
budget money for EAD and AP renewals. Damn those are expensive now with the increased rates
and If nothing happens in 15 months, get ready for one more FP appointment.
check IV and other forums and help others with questions.
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marwan234
10-09 09:04 PM
not yet.
more...
CADude
07-31 10:27 PM
Mailroom indeed has to check all the documents(after cutting envelope from 3 sides, per operating manual). if clerk is not able to findout our checks then we are out of luck. wait for PD has to be current and refile.
Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
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vjmjaan
05-07 06:55 PM
I haven't received any LUD or FP for me and my wife. The online system has the LUD as 07
July 07 fiasco filer PD: May 07, EB2, TSC
July 07 fiasco filer PD: May 07, EB2, TSC
more...
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binadh
07-05 11:13 AM
This means that this time it has become unavailable because total number of visas have been used. However, when it resets on OCT 1st, it SHOULD be available. This is what I am hoping for...... We'll see. Any other thoughts?
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
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yabayaba
08-18 09:36 PM
Hi Experts,
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
No Interim EAD are issued by USICS. Take an infopass, she will guide you what you need to do on this unique RFE.
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
No Interim EAD are issued by USICS. Take an infopass, she will guide you what you need to do on this unique RFE.
more...
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abracadabra
07-06 11:19 AM
$300 million loss on July 2nd
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veni001
07-06 08:53 PM
Looks like my attorney did not read 8 CFR completely before answering my question?:(
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
more...
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waiting4gc42long
08-11 01:14 AM
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.
I would say file it together.. thats the best..
He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.
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clif
04-10 12:25 PM
You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.
I hired a attorney to send the letter. I guess you can do it yourself too. Find a sample letter. Your new employer has to sign it on the company's letterhead. The letter is from the new employer, not from you.
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
I hired a attorney to send the letter. I guess you can do it yourself too. Find a sample letter. Your new employer has to sign it on the company's letterhead. The letter is from the new employer, not from you.
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
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clazale
11-11 03:40 PM
I am a july 2007 filler as well and my GC was approved last month though the processing date was few months behind. I know some other cases as well whose 485 was approved when the processing date was not current. So i would say that just stay positive and keep your fingers crossed. Happy days should be just around the corner.
texasguy
06-15 08:58 AM
Hi All,
Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.
We are hoping to show our tax records as additional proof.
Thanks for all your help.
Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.
We are hoping to show our tax records as additional proof.
Thanks for all your help.
danu2007
07-13 04:21 PM
So far only 1327 members signed the petition. This needs around 5000 signatures.
This will show the number of filed I-485 applications to Chertoff..Please sign..
--------------------------------------------------
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
-----------------------------------------------------
This will show the number of filed I-485 applications to Chertoff..Please sign..
--------------------------------------------------
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
-----------------------------------------------------
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