mirage
08-04 11:36 AM
There's no law that employer should borne the cost of GC. I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs. I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer. I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade. There are atleast 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
>> I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
Good Luck.[/COLOR][/B]
>> I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
Good Luck.[/COLOR][/B]
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06-04 01:49 PM
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makemygc
09-14 06:57 PM
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.
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Suva
07-16 09:48 AM
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vparam
09-30 11:14 AM
This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
yes, you should be able to jump as many organization as you like...
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
yes, you should be able to jump as many organization as you like...
immm
07-19 12:32 AM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
more...
h1techSlave
10-01 12:13 PM
This loss of visas is due to:
gaps in USCIS� accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Macaca, thanks for the analysis.
My question is, is IV paying enough attention to this?
What I have seen is that IV is spending 80% of its energy to change the current immigration law (increase the EB visa numbers in some fashion etc.). As far as I can see, this is not going any where due to a variety of reasons.
Is it time to rethink our priorities? If we put more of our collective energy to force USCIS to do a better job, will we get better results? Sure, the immigration law needs fixing. But our predicament is not due to immigration law. Our predicament is that the USCIS is not doing a good job. They are only working 4 hours a day. (I saw a post from a person who went and looked around the USCIS parking lot on a Friday :D. He/She says the parking lot was empty in the afternoon.).
I suggest that the IV core spend 80% of energy in fixing the USCIS bottleneck. We should have another rally infront of the USCIS doorsteps (or a flower campaign or a card campaign or a degree copy sending campaign). 20% of the energy can still be spent on fixing immigration law.
gaps in USCIS� accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Macaca, thanks for the analysis.
My question is, is IV paying enough attention to this?
What I have seen is that IV is spending 80% of its energy to change the current immigration law (increase the EB visa numbers in some fashion etc.). As far as I can see, this is not going any where due to a variety of reasons.
Is it time to rethink our priorities? If we put more of our collective energy to force USCIS to do a better job, will we get better results? Sure, the immigration law needs fixing. But our predicament is not due to immigration law. Our predicament is that the USCIS is not doing a good job. They are only working 4 hours a day. (I saw a post from a person who went and looked around the USCIS parking lot on a Friday :D. He/She says the parking lot was empty in the afternoon.).
I suggest that the IV core spend 80% of energy in fixing the USCIS bottleneck. We should have another rally infront of the USCIS doorsteps (or a flower campaign or a card campaign or a degree copy sending campaign). 20% of the energy can still be spent on fixing immigration law.
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jonty_11
07-06 05:34 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
Why are they still showing CURRENT>
more...
bskrishna
07-11 11:54 AM
I am of the opinion that the dates might retrogress to somewhere in 2005 June as the worst case (by Oct-Nov), because the 05 numbers should really be low to start with due to PERM issues. Again this is just my educated guess.
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jayram123
08-02 06:14 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I had been hoping somebody would help you and I did not want grief from others for answering your question since you posted in the wrong thread but here it is.
I have renewed my pp last April in person in the consulate. It is very easy. Attending in person is an option available to you with no conditions. It just makes it easier and a little bit faster processing. If you have an emergency and if you request, they may do it faster too.
Houston Consulate folks are very friendly and very helpful based on my experience. Some of my personal friends work there too.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I had been hoping somebody would help you and I did not want grief from others for answering your question since you posted in the wrong thread but here it is.
I have renewed my pp last April in person in the consulate. It is very easy. Attending in person is an option available to you with no conditions. It just makes it easier and a little bit faster processing. If you have an emergency and if you request, they may do it faster too.
Houston Consulate folks are very friendly and very helpful based on my experience. Some of my personal friends work there too.
more...
andy garcia
10-01 04:26 PM
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
This might work, except that the law would have to be changed he other way also.
If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.
That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
This might work, except that the law would have to be changed he other way also.
If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.
That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
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franklin
09-29 10:50 AM
Except, Franklin is not from a retrogressed country.... :)
jazz
Actually, techincally I am - eb3 ROW suffers from retrogression
jazz
Actually, techincally I am - eb3 ROW suffers from retrogression
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Edison99
04-18 09:14 AM
How long it takes to get 140 approved in regular process?
Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.
Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.
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Milind123
09-13 04:38 PM
GCNaseeb, Appreciate your contribution. Read your signature. It says
"Contributing to US Economy since a Decade; still No Green Card."
People, This is exactly why we are going to the rally on Sept 18th. Are you one of the people who carry a similar signature if not in your IV posts but in your mind? I do. And I don't like it, and I would like that changed.
Please contribute; unless you pull the trigger, we are not going to find the third person.
As I was writing this post, sunty took the 2 fire. 2 more to go.
"Contributing to US Economy since a Decade; still No Green Card."
People, This is exactly why we are going to the rally on Sept 18th. Are you one of the people who carry a similar signature if not in your IV posts but in your mind? I do. And I don't like it, and I would like that changed.
Please contribute; unless you pull the trigger, we are not going to find the third person.
As I was writing this post, sunty took the 2 fire. 2 more to go.
more...
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hcard
04-30 08:29 AM
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
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go_gc_way
12-17 03:06 PM
Hi all .. I am not writing this post to disagree with any one on any thing. I am very respectful of the members who participate this forum and write their suggestions/comments/ideas... Specially when I know people who are facing the same problem but do not make any efforts to solve it or join IV.
In the same lines .. my opinion , we probably need more followers and implementers who can direct IV core suggested plans.
Actively participating the Forum and visiting the web site regulary is one of the actions called for from Pappu (IV Core), you are all doing, I did that. There are other action items that need be implemented by who ever has ability, time and can direct others.
BOTTOM LINE, YOU FOLKS BRING UP INTERESTING IDEAS AND DEBATE TO THE FORUM .. PLEASE KEEP IT UP.
In the same lines .. my opinion , we probably need more followers and implementers who can direct IV core suggested plans.
Actively participating the Forum and visiting the web site regulary is one of the actions called for from Pappu (IV Core), you are all doing, I did that. There are other action items that need be implemented by who ever has ability, time and can direct others.
BOTTOM LINE, YOU FOLKS BRING UP INTERESTING IDEAS AND DEBATE TO THE FORUM .. PLEASE KEEP IT UP.
more...
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Libra
09-11 12:15 PM
thank you param_r, ritu_raj and kittu1991 for your contributions.
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ritu_raj
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just contributed $100... See you in DC
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saimrathi
08-23 02:59 PM
I have filed I-129 and I-539 at VSC (RD 7/16/07) and also concurrently file I-140 + 485 at NSC on 7/2/07 (No Checks cashed yet). My H1 and spouse's H4 expires on 9/30/07. And so does our DL.
I called the PA DoT and they said that they need the following documentation for the DL renewal:
H1B & H4 Visa
Passport
I-94
Visa
Proof of employment (For H1 only)
2 Proofs of residency (For H1 only)
Rejection letter from SS Office (for H4 only)
They will not accept a Receipt Notice. They also said that if the Visa wasn’t valid for more than a year, they will not renew DL. I don’t know if they will accept a Visa stamp on the passport or approval of I-129 & I-539 will suffice.
From your experience, at this time, if we apply for PP, will they process my spouse's application along with mine, so both approvals come around the same time? Please advise.
I called the PA DoT and they said that they need the following documentation for the DL renewal:
H1B & H4 Visa
Passport
I-94
Visa
Proof of employment (For H1 only)
2 Proofs of residency (For H1 only)
Rejection letter from SS Office (for H4 only)
They will not accept a Receipt Notice. They also said that if the Visa wasn’t valid for more than a year, they will not renew DL. I don’t know if they will accept a Visa stamp on the passport or approval of I-129 & I-539 will suffice.
From your experience, at this time, if we apply for PP, will they process my spouse's application along with mine, so both approvals come around the same time? Please advise.
RNGC
06-24 09:44 AM
these were the kind of points I was looking for.....I will do this as my summer essay :) and share with IV when it is done.
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
Kodi
05-08 03:16 PM
I'm new to all this. What is the 45 day letter?
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