mirage
02-06 10:38 PM
^^Bump^^
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meridiani.planum
03-07 05:32 PM
Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
immi2006
06-12 02:46 PM
i think most of us make excelletn candidates to become Senators :-) if not at least a good immigration lawyer..
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gc28262
04-11 09:03 PM
Thanks for your reply. I appreciate your question. Let me explain you in details.
I am not sure about Mexican illegals but I can tell about Indian.
Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.
I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.
My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!
I remember Mahatma Ganghi's quotes:
" I can wait 100 years for freedom but don't want it through violent route"
khodalmd,
Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.
Here is a USCIS memo regarding 245(i)
http://www.uscis.gov/files/pressrelease/245i.pdf
Relevant portion:
"Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."
On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?
I am not sure about Mexican illegals but I can tell about Indian.
Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.
I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.
My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!
I remember Mahatma Ganghi's quotes:
" I can wait 100 years for freedom but don't want it through violent route"
khodalmd,
Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.
Here is a USCIS memo regarding 245(i)
http://www.uscis.gov/files/pressrelease/245i.pdf
Relevant portion:
"Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."
On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?
more...
txh1b
04-08 12:05 PM
Yeah. Right!
Before you give red dots for not having a profile, I don't have any petition pending and am on H1b.
It happened to my brother's friend's mother's uncles' newphews daughter's boss's cousin's babysitter's husband's colleage's niece's neighbor's sister's mailman's father's janitor's pharmacist's ex-girlfriend.
Now that is the entire chain this rumor has travelled so far before you heard it. This is pure BS. People seem to get a kick out of spreading out rumors.
If the person is on bench or was involved in something shady, the IOs can put them in removal proceedings and that is well within their right. Stop spreading unwanted and unconfirmed rumors.
BTW, there was a new rumor circulating for April 1: For all those that get a kick out of it, here you go!
Subject: FW: 5% NRI TAX
5% TAX ON FOREIGN INCOME FOR NRI STARTING 2009 -10
Government of India today announced imposition of a flat 5% tax on all NRIs over their world-wide income. Income that is already taxed in India has been kept out of the purview to avoid double taxation. No double taxation benefits would be available for this 5% tax, meaning even if you are paying tax on your income in a country with which India has double taxation agreement, the benefit would not be allowed against this 5% tax. All those Indians who are holding Indian Passports and have been out of the country for more than 180 days during the year are under this requirement. Income proof would have to be submitted in form of employer certificates, foreign tax filings etc. Indian government is also coordinating with Australia, Europe, America, UAE and other countries on collecting Income data for its citizens as part of data sharing initiative on terror prevention measures.
This has been hailed as bringing in compulsory participation in development of India from Non resident Indians.. This means NRIs can no more just continue to retain their Indian citizenship without paying taxes in India. Though it may not be favorable in view of the NRIs who already bring substantial forex in form of remittances and Investments. This is bound to cause a lot of heart burn for the Indian community residing outside..
This is expected to generate ~10 Billion INR tax collection for the government in the year 2009-10.
For more information on this rule, tax filings and forms visit http://www.incometaxindia.gov.in/
Before you give red dots for not having a profile, I don't have any petition pending and am on H1b.
It happened to my brother's friend's mother's uncles' newphews daughter's boss's cousin's babysitter's husband's colleage's niece's neighbor's sister's mailman's father's janitor's pharmacist's ex-girlfriend.
Now that is the entire chain this rumor has travelled so far before you heard it. This is pure BS. People seem to get a kick out of spreading out rumors.
If the person is on bench or was involved in something shady, the IOs can put them in removal proceedings and that is well within their right. Stop spreading unwanted and unconfirmed rumors.
BTW, there was a new rumor circulating for April 1: For all those that get a kick out of it, here you go!
Subject: FW: 5% NRI TAX
5% TAX ON FOREIGN INCOME FOR NRI STARTING 2009 -10
Government of India today announced imposition of a flat 5% tax on all NRIs over their world-wide income. Income that is already taxed in India has been kept out of the purview to avoid double taxation. No double taxation benefits would be available for this 5% tax, meaning even if you are paying tax on your income in a country with which India has double taxation agreement, the benefit would not be allowed against this 5% tax. All those Indians who are holding Indian Passports and have been out of the country for more than 180 days during the year are under this requirement. Income proof would have to be submitted in form of employer certificates, foreign tax filings etc. Indian government is also coordinating with Australia, Europe, America, UAE and other countries on collecting Income data for its citizens as part of data sharing initiative on terror prevention measures.
This has been hailed as bringing in compulsory participation in development of India from Non resident Indians.. This means NRIs can no more just continue to retain their Indian citizenship without paying taxes in India. Though it may not be favorable in view of the NRIs who already bring substantial forex in form of remittances and Investments. This is bound to cause a lot of heart burn for the Indian community residing outside..
This is expected to generate ~10 Billion INR tax collection for the government in the year 2009-10.
For more information on this rule, tax filings and forms visit http://www.incometaxindia.gov.in/
baleraosreedhar
08-11 01:32 PM
Please count me also for contribution for making EB3 life easy and to reassure a HOPE of reaching end of tunnel
more...
Jaime
09-10 08:36 PM
Do you guys use Kayak for cheaper airfares? It works for me, check it out at www.kayak.com
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Jaime
09-11 04:45 PM
Email us! We will help you so you can attend the rally! NO TIME TO LOSE!!!!
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desi3933
03-10 02:28 PM
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
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manderson
04-04 09:23 AM
this is old news and has been posted about before!
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satishku_2000
12-27 01:50 AM
I travelled in last november thru hongkong. You dont need a transit visa but I felt humiliated with the treatment. Hope you know what I mean.
And on another note My sis and her husband have been Bank Of America customers for a long time and they have decent amount of funds in their account .Their mortgage application was rejected by BOA because they dont have a GC only to be accepted by other lender and better APR on their loan :)
I like this country and capitalism ...God bless America.
And on another note My sis and her husband have been Bank Of America customers for a long time and they have decent amount of funds in their account .Their mortgage application was rejected by BOA because they dont have a GC only to be accepted by other lender and better APR on their loan :)
I like this country and capitalism ...God bless America.
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srkamath
07-12 03:40 PM
I'm killing my own joy here...... the Aug Bulletin says
"Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status."
Documentarily Qualified (DQ'd)
USCIS and Consulates submitted a list of Documentarily Qualified applicants to DOS on July 8th. The latest PD of the applicants on that list was before 01-June therefore they have set the PD at 01-June-2006.
What is documentarily qualified?
"Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status."
Documentarily Qualified (DQ'd)
USCIS and Consulates submitted a list of Documentarily Qualified applicants to DOS on July 8th. The latest PD of the applicants on that list was before 01-June therefore they have set the PD at 01-June-2006.
What is documentarily qualified?
more...
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gc28262
03-03 06:01 PM
Why are we just looking for 3 year EAD. We need GC !
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Michael chertoff
03-10 12:33 PM
coolman ship,
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
more...
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rajeshalex
07-01 08:19 PM
I strongly support this idea. And may be we can become petition with max number of persons signing this/ set record. That way it might get more popularity
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zuhail
03-10 11:54 PM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
more...
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kutra
03-05 09:07 PM
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
- http://www.dqnews.com/
- http://www.housingtracker.net/
- http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
(http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)
Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.
Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
- http://www.dqnews.com/
- http://www.housingtracker.net/
- http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
(http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)
Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.
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abracadabra102
07-01 04:18 PM
It is "petition". Thank you.
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msgrewal81
02-18 04:45 PM
Sorry guys, I misread somewhere.:D
What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.
What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.
485InDreams
09-26 10:49 AM
CNN should not take 1000+ peoples effort for granted...These people went all the way to washington for some common cause....and it should not be misleading to the public...
Purpose of the media is to fetch right information at the right time to the public which they are not doing.....
Purpose of the media is to fetch right information at the right time to the public which they are not doing.....
chanduv23
09-28 05:18 PM
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
This is a regular practice. This happens to everyone in their daily life. People tend to be nice to u and smile when you are paying money, but after that they let you know that they hate you for what you are.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
This is a regular practice. This happens to everyone in their daily life. People tend to be nice to u and smile when you are paying money, but after that they let you know that they hate you for what you are.
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