Libra
09-10 07:47 PM
thanks cirigadi, gctoget, rajamanikannan, hemants for your contribution. please attend rally too, we need to show big numbers at rally.
spicy_guy
09-01 01:13 PM
Landed in Feb 2000 ....
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
All Desi employers?
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
All Desi employers?
lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
chanduv23
09-16 07:38 PM
Here you go another first time contributor. Just pulled the trigger for $100.
Google checkout order #768184044370985
And why r u not going to the rally
Google checkout order #768184044370985
And why r u not going to the rally
more...
ragz4u
03-08 09:57 AM
I'm listening now and discussion is interesting
Is it the one mentioned on the first post?
Also, could you please update this thread as and when you hear something interesting?
Thanks
Is it the one mentioned on the first post?
Also, could you please update this thread as and when you hear something interesting?
Thanks
paskal
09-11 12:34 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!!!!
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!!!!
more...
ita
08-25 10:01 PM
Thank you very much for the suggestions.Once the elections are done next year do you think rates will go down..I'm actually thinking about Hyd.Have been waiting so long but rates are only going up.
Is it possible to apply for loan with SBI/LIC from here (US)?
Thank you.
Is it possible to apply for loan with SBI/LIC from here (US)?
Thank you.
Libra
09-11 05:04 PM
not even half the amount, com' on guys, we can do this. please contribute.
more...
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.
khukubindu
01-18 06:24 PM
Hi,
USCIS online status showed that my Approved AP was mailed on Jan 8, 2008. Looking that I bought ticket for travel on January 29, 2008 but untill today I or my attorney did not get the approval letter yet. I am under very mental pressure whether I will get it by Jan 29 or not. If I have to change my travel plan there will be huge cost involved as I have to change four tickets.
Do any of gurus have any idea what should I do ? My attorney is not helping me. In my area (Washington) no infopass appointment available before Jan 29. Do you think walk in into the local office will help me even if I dont have any appintment ?
USCIS online status showed that my Approved AP was mailed on Jan 8, 2008. Looking that I bought ticket for travel on January 29, 2008 but untill today I or my attorney did not get the approval letter yet. I am under very mental pressure whether I will get it by Jan 29 or not. If I have to change my travel plan there will be huge cost involved as I have to change four tickets.
Do any of gurus have any idea what should I do ? My attorney is not helping me. In my area (Washington) no infopass appointment available before Jan 29. Do you think walk in into the local office will help me even if I dont have any appintment ?
more...
lonedesi
08-06 10:51 AM
I checked with IV core and few attorneys regarding this issue. You will need the consent of the employer since we are dealing with I-140 petition. Please speak to your HR and try convincing them to support you. We are not asking USCIS to expedite our cases. All we are asking is follow the FIFO and process cases in an orderly manner.
aadimanav
12-10 03:37 PM
Source:
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
more...
GCard_Dream
07-06 05:31 PM
Can someone explain what "Temporary Restrain Order" would do if it were successful. It sounds to me that the lawsuit is asking the court to temporarily invalidate the July visa bulletin so that USCIS will be forced to accept the applications. Is this a reasonable understanding? Any lawyers here?
chanduv23
11-20 04:57 PM
If you really think then there is a 'conflict of interest' between an applicant and an attorney. If you looks at this way, attorneys do get paid for filling of H1B extensions. isn't it? I do not say that attorneys are bad and do this on purpose, but think about all possibilities. It really depends on individual. Thoughts? :(
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
more...
sroyc
07-11 01:33 PM
I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:
Climb Mt. Kilimanjaro
Spend 3 months with my family in India and Dubai
Go back to Culinary School
Go to Bordeaux and learn about wine
Become an amazing photographer (just like one of the members on this forum...)
The list goes on and on....
Just out of curiosity, what's stopping you from doing some of these things now? You probably cannot spend 3 months with your family in India and Dubai or go to culinary school full-time but you can definitely do all the rest while on H-1B/AOS.
Climb Mt. Kilimanjaro
Spend 3 months with my family in India and Dubai
Go back to Culinary School
Go to Bordeaux and learn about wine
Become an amazing photographer (just like one of the members on this forum...)
The list goes on and on....
Just out of curiosity, what's stopping you from doing some of these things now? You probably cannot spend 3 months with your family in India and Dubai or go to culinary school full-time but you can definitely do all the rest while on H-1B/AOS.
mariner5555
05-02 02:47 PM
I don't see Visas Recapture bill going any where.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
honestly even if democrats come in 2009 ..nothing will ever happen. as I mentioned in one of the posts .. unless they start educating people about the aging population and the need for immigration, need for immigration to keep economy growing ..in terms of young people needed to settle here so that economy gets young workers and in turn the workers end up buying houses, cars etc ..nothing will happen. politicians don't need talent ..they need money from lobbyists ..businesses need talent but they are getting from comp - comp visas and outsourcing. on top of it we have super stupid people like doggs who are making matters worse.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
honestly even if democrats come in 2009 ..nothing will ever happen. as I mentioned in one of the posts .. unless they start educating people about the aging population and the need for immigration, need for immigration to keep economy growing ..in terms of young people needed to settle here so that economy gets young workers and in turn the workers end up buying houses, cars etc ..nothing will happen. politicians don't need talent ..they need money from lobbyists ..businesses need talent but they are getting from comp - comp visas and outsourcing. on top of it we have super stupid people like doggs who are making matters worse.
more...
gimme_GC2006
03-09 12:00 PM
For Eb2 india and china dates will be like this in April 2009 bulletin.
Eb2 India : Feb 2005
China : Feb 2006
May 2009 bulletin
Eb2 India : May 2005
China : May 2006
June 2009 bulletin
Eb2 India : Sep 2005
China : Sep 2006
July 2009 bulletin
Eb2 India : Feb 2006
China : Feb 2007
August 2009 bulletin
Eb2 India : May 2007
China : May 2008
What is the basis for this prediction or just a lotto guess :)
Eb2 India : Feb 2005
China : Feb 2006
May 2009 bulletin
Eb2 India : May 2005
China : May 2006
June 2009 bulletin
Eb2 India : Sep 2005
China : Sep 2006
July 2009 bulletin
Eb2 India : Feb 2006
China : Feb 2007
August 2009 bulletin
Eb2 India : May 2007
China : May 2008
What is the basis for this prediction or just a lotto guess :)
learning01
03-16 01:34 PM
I agree with your partial disagreement. It's all about Group Dynamics. You know what I mean. Forming, Storming, Norming (settle at common goals, workable strategies etc) and Performing. While it is feasible that all these can proceed parallely, full impact of the group and hence its achieving its goals will happen when these steps are followed quickly and serially.
It is their country and immigration laws and procedures are their concern. They will agree to discuss today and settle to vote after next elections. That's my concern. That's where I said, informing/ just writing to your own employers is enough. These companies, our employers are to a large extent gentlemen. I have a feel that most of them take this FYI / petition seriously. And they will do something about it. Trust me.
I will agree with you partially, you're right, big corporates can make a difference, but I said partially because I feel we are more powerful than the corporates. Look at the numbers, inspite of atleast 350,000 applications stuck in Labor Backlogs & other 200,000 people waiting to file their adjustment of status, we just have 1200 members. So there are only 1-2 % people who thinks they or their fellow citizens can do something. If even 20% of this population start making noise, you'll have a different opinion...
It is their country and immigration laws and procedures are their concern. They will agree to discuss today and settle to vote after next elections. That's my concern. That's where I said, informing/ just writing to your own employers is enough. These companies, our employers are to a large extent gentlemen. I have a feel that most of them take this FYI / petition seriously. And they will do something about it. Trust me.
I will agree with you partially, you're right, big corporates can make a difference, but I said partially because I feel we are more powerful than the corporates. Look at the numbers, inspite of atleast 350,000 applications stuck in Labor Backlogs & other 200,000 people waiting to file their adjustment of status, we just have 1200 members. So there are only 1-2 % people who thinks they or their fellow citizens can do something. If even 20% of this population start making noise, you'll have a different opinion...
desi485
11-17 04:07 PM
desi - I am not sure how we do that but I personally think if we ask such a thing we are letting USCIS send us denial notice even though they must not send it.
I absolutely agree with you that in first place, CIS MUST NOT revoke 485 when a person changes to similar job after 485 is pending for more than 180 days and 140 has been already approved.
IV is already running the campaign to send letters (I did send mine) and hopefully it will get us good results.
However, we should still know what happens to EAD in such unfortunate event. Many AOS candidate, specifically from retrogressed countries may have gone beyond 6 years of H1B and may not get H1B extended based on this pending 485. or many must be working on EAD as many employers are not willing to sponsor the H1B. In this case, knowing the validity of EAD will surely helps.
Meanwhile, here is another RG thread (http://immigration-information.com/forums/showpost.php?p=25447&postcount=7) found, clearly talks about this issue.
I absolutely agree with you that in first place, CIS MUST NOT revoke 485 when a person changes to similar job after 485 is pending for more than 180 days and 140 has been already approved.
IV is already running the campaign to send letters (I did send mine) and hopefully it will get us good results.
However, we should still know what happens to EAD in such unfortunate event. Many AOS candidate, specifically from retrogressed countries may have gone beyond 6 years of H1B and may not get H1B extended based on this pending 485. or many must be working on EAD as many employers are not willing to sponsor the H1B. In this case, knowing the validity of EAD will surely helps.
Meanwhile, here is another RG thread (http://immigration-information.com/forums/showpost.php?p=25447&postcount=7) found, clearly talks about this issue.
pappu
08-24 07:59 AM
If there is abuse of the system, then people should go ahead and complain to USCIS WITH PROOF. Writing hearsay stories on the forum without proof will not help solve anything.
needhelp!
04-12 11:15 AM
Is there any advantage with starting an LLC if you are the only person working for the company or simply filling out 1040 Schedule C is the better option in that case?
Sole proprietors are unincorporated businesses. They are also called independent contractors, consultants, or freelancers. There are no forms you need to fill out to start this type of business. The only thing you need to do is report your business income and expenses on your Form 1040 Schedule C. This is the easiest form of business to set up, and the easiest to dissolve. (An LLC with only a single shareholder, a so-called single-member LLC, is taxed as a sole proprietor on a Schedule C.)
Sole proprietors are unincorporated businesses. They are also called independent contractors, consultants, or freelancers. There are no forms you need to fill out to start this type of business. The only thing you need to do is report your business income and expenses on your Form 1040 Schedule C. This is the easiest form of business to set up, and the easiest to dissolve. (An LLC with only a single shareholder, a so-called single-member LLC, is taxed as a sole proprietor on a Schedule C.)
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