gondalguru
07-18 05:21 PM
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
You should be happy as you have a very old PD.
As u mentioned that you applied in mid june but the receipt date is mid july. What is your notice date? I thought that receipt date is the date when uscis receives your application. I may be wrong.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
You should be happy as you have a very old PD.
As u mentioned that you applied in mid june but the receipt date is mid july. What is your notice date? I thought that receipt date is the date when uscis receives your application. I may be wrong.
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chanduv23
09-15 04:16 PM
Bump
ras
10-17 04:20 PM
Thank you for your recent inquiry.
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
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vactorboy29
03-05 12:54 PM
I saw soft LUD on my 485 applications.I will update if any thing happens.
more...
gc_bulgaria
01-05 11:33 PM
Yes, it is fair, this fairness has come after many centuries of oppression, in fact this fairness was long overdue.
Now if we want to disagree with each other we can do it by sending private messages instead of indulging in mudslinging and degrading India even more.
�I can tell you for a fact that Universities in America are much better than those in India. This is why I came here �.� Now whom are you trying to fool?.. You came here because with your IQ you could not get into top universities in India. �I went to an average university here which I could afford� .You are telling us that you could not afford education in India but you could here?...
Couldn't agree more - especially about paying for ANY college here vs. in India.
Now if we want to disagree with each other we can do it by sending private messages instead of indulging in mudslinging and degrading India even more.
�I can tell you for a fact that Universities in America are much better than those in India. This is why I came here �.� Now whom are you trying to fool?.. You came here because with your IQ you could not get into top universities in India. �I went to an average university here which I could afford� .You are telling us that you could not afford education in India but you could here?...
Couldn't agree more - especially about paying for ANY college here vs. in India.
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
more...
indyanguy
09-26 10:21 AM
Any reply to my original question?
Thanks all
Thanks all
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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
Please join SoCal IV yahoogroup for more info.
Send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
more...
coopheal
03-09 05:58 PM
Added info about April VB to past VBs table.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
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eb3_2004
07-23 03:57 PM
That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!
more...
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ak_2006
05-15 09:48 AM
Any ways...Good Luck for you and your case is really useful for many of us. Thanks for sharing updates.
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yoda
09-12 12:18 PM
Pick whatever you like and feel comfortable with. Post it here so we know.
I will work on Washington Post and New York Times. Then, I will work on Associated Press and Reuters.
gsc999 and Franklin should work on Mercury News and San Francisco Chronicle. I think they have a DC office.
First, I have to come up with a sexy letter!
If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.
I will work on Washington Post and New York Times. Then, I will work on Associated Press and Reuters.
gsc999 and Franklin should work on Mercury News and San Francisco Chronicle. I think they have a DC office.
First, I have to come up with a sexy letter!
If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.
more...
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bostonian28
08-06 05:23 PM
I think we need to emphasize the fact that typically guys who got stuck in BEC for many years are the same guys being effected again, as they just got out of BEC queue and filled concurently and now basically are stuck again, it is really ridiculous experience for this group of applicants, where as people who have applied in PERM or those who were able to get LC certified without getting into BEC have gone through the whole process relatively smoothly....
My 2 cents, based on my experience.
My 2 cents, based on my experience.
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Libra
09-11 09:21 PM
thank you BigMouth and hope you can make it to rally.
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vparam
09-24 03:07 PM
it has to be similar job PLUS with an established company.
from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).
i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
You can be self employed used that for AC 21 as per yates memo. In that case wht does it matter if you are working for your wife's company. since it allows you to work just by yoru self ( self employment == own your own company)
from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).
i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
You can be self employed used that for AC 21 as per yates memo. In that case wht does it matter if you are working for your wife's company. since it allows you to work just by yoru self ( self employment == own your own company)
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pcs
07-06 08:51 AM
Please do this. It is worth every second of your time
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spicy_guy
10-21 06:49 PM
I am still not sure, if its considered 8+2=10 months to complete the PERM labor or we should just consider 2 months from start. Every application should go through the first part of it ( in this case 8 months). Right?
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glus
05-13 07:03 AM
I think the advantage of LLC against Sole Prop is about liability.
If some one sues your business, LLC offers you protection, but Sole prop. may not.
If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.
S-corp is much more complex compared to LLC.
There is nothing in the law that disallows one from opening and operating LLC or INC type of business. To open a CORPORATION one needs to be a U.S. Citizen as far as I know, but for LLC or Inc no such requirement. Definitely LLC or Inc is better option for the reason you mentioned; liability protection. Thank you.
If some one sues your business, LLC offers you protection, but Sole prop. may not.
If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.
S-corp is much more complex compared to LLC.
There is nothing in the law that disallows one from opening and operating LLC or INC type of business. To open a CORPORATION one needs to be a U.S. Citizen as far as I know, but for LLC or Inc no such requirement. Definitely LLC or Inc is better option for the reason you mentioned; liability protection. Thank you.
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Jaime
09-12 04:24 PM
bump
Winner
07-06 11:47 AM
Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
Ever been a member of a public radio station? to vote or contest in an election you have to be a paid member. Do you think N**usa will entertain you if you go to their website and call for change?
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
Ever been a member of a public radio station? to vote or contest in an election you have to be a paid member. Do you think N**usa will entertain you if you go to their website and call for change?
TomTancredo
03-04 02:38 PM
Did you get to know what the RFE is about?
Its about late registered birth certificate... They want some secondary evidence...
Its about late registered birth certificate... They want some secondary evidence...
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