Thursday, June 23, 2011

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  • lazycis
    05-14 12:17 PM
    No man.........I am waiting for the outcome.......In fact to be frank I am bracing myself for Writ of Mandamus Lawsuit.....frustration....

    Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.




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  • shi120
    12-27 03:35 PM
    I am in the same boat, was planning to leave for India on 12/25 had to cancel tickets. My spouse is on an F1 and hence cannot re-enter without AP. Tried to expedite by contacting CSC, senator, congress rep. Know that it has been approved, but is waiting for production which could take 2-4 weeks. Applied on 08/03, notice date 09/13, supposedly approved on 12/12 awaiting production. This has been really frustrating. If you are on a valid H or L visa you can come back on it without any issue.




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  • glus
    09-11 09:15 AM
    there is still time even for the rally
    if not going- plenty of time :-)

    guys they are shipping very quick
    all i did was to use "standard" instead of regular shipping
    cost me less than $2 more for 3 items
    here's my deal:

    ordered friday night
    shipped monday morning (first working day)
    in transit now and scheduled for delivery wednesday

    so you can still order and get it for the rally!!!!

    Hi,
    Just bought a NY t-shirt and selected fast delivery. See you all there.




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  • manderson
    09-18 08:52 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.



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  • nk2006
    10-17 02:48 PM
    NK2000:
    Thanks a ton for this great job. I will mail out today

    Thank you sheela - encourage your friends to do the same.




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  • srikondoji
    08-11 11:05 AM
    Was away on business travel for last 3 days.
    Coming to your friend and his call, the information i passed on is what i got from rep.
    Looks like there are lot of applications received by USCIS on july 2.
    Hopefully we get some direction by next weekend.
    Hang in there. We are all on the same boat in still waters.:eek:
    A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion



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  • jsquare
    02-21 09:27 AM
    Friends,

    I have couple of questions...

    My employer has filed my Labor from Georgia state...

    So in which bpc my case should exists??

    What is 45-days letter as I have read so many times in this forum??

    My cas received date Oct 10 2004, is this Priority date??

    I would appriciate proper answers

    Thanks
    Jsquare




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  • saibabu_d
    07-18 01:28 AM
    You said: "all applications are pre-adjudicated".

    What do they complete in pre-adjudication process?

    Thanks



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  • Libra
    09-12 01:30 PM
    bump




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  • natrajs
    09-11 04:38 PM
    Next year Jul-Sep 2009, PD should move to mid 2006 again.

    My 2 cents.

    And than they will again approve 2006-2007 cases instead of 2003 what a joke. The cycle continues and folks with 2003-2004 PD continue to wait.[/QUOTE]

    Well said



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  • gctoget
    07-31 10:27 AM
    There will be a conference call for SoCal IV members on August 7th,2007 at 8:00 P.M.
    Please join SoCal IV yahoogroup for more info.

    Send blank e-mail to

    SC_Immigration_Voice-subscribe@yahoogroups.com




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  • permfiling
    12-11 03:07 PM
    There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:

    Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o

    IVAR,
    I am in the same boat as well. I have my PERM pending and it is forever now with the PERM delays.



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  • smaram1
    03-06 03:51 PM
    LUDS's on 3/5 and 3/6 for spouse and myself...atleast some one is having a look at documents ..that's a good sign....




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  • 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...)???



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  • skv
    06-28 02:35 PM
    I got my certified yesterday 6/27
    EB-2, India, Atlanta feb 21'07

    All the best !!! Good to know.




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  • delhirocks
    07-28 06:55 PM
    Are you sure it was Atlanta and not Chicago?. Your timeline suggests it was applied in Chicago.
    My company applied for PERM ALC EB-2 category at Atlanta on 18th June 2007, got it approved on 20th June. Received hard copy on 26th June.



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  • MrWaitingGC
    06-01 05:07 PM
    Dont worry nothing is passed to become law enjoy your day.




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  • skd
    04-14 10:53 AM
    That is why I wanted to know




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  • vdlrao
    06-10 11:23 AM
    DUI(Drive Under Influence)




    senk1s
    09-26 09:21 AM
    manderson: i too dont remember seeing otherwise (that there is a limit)
    but that doesnt mean they'll look more closely at the case.

    But again you dont 'have' to be working while on EAD (as you are an adjustee) and they decide based on the original company's ability to pay. You can work even for/by yourself (self-employed)

    I dont understand how this is all interpreted 'together' - someone else with more expertise than me would help.




    gctoget
    07-13 04:05 PM
    Finalize the meeting schedules (like weekly meeting/monthly meeting)
    Make it a regular event so that postings / thoughts can culminate into actions.

    Yes, we need directions ASAP... we should meet once in 15 days atleast.
    Also now we with rsamudrala ,satishbsk and SDdesi having joined the SOCal chapter we are 39 member strong team!!!
    Hoping that we will get 1 more person with us for meetings we will atleast have about 70 members in a meeting.



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