smisachu
01-25 09:19 PM
I have read in several forum that one cannot form own company and sponsor H1 through that. The logic is sponsoring H1 is work and you cannot work without H1.
I think it is acceptable logic. Otherwise many would have sponsored H1 for self.
Check with some attorney.
I started my company when on H1 but I did not sponsor myself or anyone. I also did not withdraw earnings from the company since it was not my main income. I only started withdrawing earnings from the company after I got my GC and I can claim on taxes. But it is a good idea to ask an attorney.
I think it is acceptable logic. Otherwise many would have sponsored H1 for self.
Check with some attorney.
I started my company when on H1 but I did not sponsor myself or anyone. I also did not withdraw earnings from the company since it was not my main income. I only started withdrawing earnings from the company after I got my GC and I can claim on taxes. But it is a good idea to ask an attorney.
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arrarrgee
07-17 02:47 PM
Couldnt agree more on this...this i guess is the perfect time...I began to look at the July VB fiasco in a positive way...if it wasnt for it we wouldn't have gotten ppl who mattered to look at the legal guys
I understand DREAM act is not related to EB issues. What I meant was, just like how DREAM act is being added to an unrelated bill, we should work on adding things like 'unlimited STEM visas' and 'recapture unused numbers' to other bills and get them passed.
IV core will need lot of support to do accomplish this, hope at least some of the folks who got into IV because of the july fiasco contribute funds.
I understand DREAM act is not related to EB issues. What I meant was, just like how DREAM act is being added to an unrelated bill, we should work on adding things like 'unlimited STEM visas' and 'recapture unused numbers' to other bills and get them passed.
IV core will need lot of support to do accomplish this, hope at least some of the folks who got into IV because of the july fiasco contribute funds.
willwin
09-17 01:48 PM
Not so fast...the bill language clearly indicates that the provisions of this bill will take effect from the first fiscal day of the new fiscal year after this bill becomes an act...so unless this bill is voted by the house and senate and then signed by the President before September 30th, we will not be seeing any benefit until the fiscal year starting October 1st, 2009. After the September session, Congress will convene again in November/December timeframe for a short session. If the bill does not get passed then, then come next January, it will be starting the process all over again as it will be a new year for the Congress. Just like green cards, Congress does not carry over bills from one year to the next.
The effective date could be one of the amendments .... it is changeable.
The effective date could be one of the amendments .... it is changeable.
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mbartosik
07-19 09:47 AM
Imagine if Uncle Sam held an auction to allow you to submit I485 EAD AP, what would you have bid for the right to submit?
Maybe $640, $6,400, or even $64,000?
If Uncle Sam charged a fee to submit now rather than waiting for another year or two or three... What would you have paid to submit I485 and get EAD AP AC21?
Alternatively, how much are you going to benefit from EAD AP or AC21?
AC21 -- maybe ability to move jobs and get a few thousand $ pay rise?
AC21 -- maybe not going to the back of the queue -- really worth thousands!
EAD for you and spouse -- maybe a week of salary for someone that could not previously work?
AP -- how much is it worth not to have to waste time and money renewing H1B at an embassy. That's at least a few days of time you don't have to waste (and time is money).
How much will you save from filing under the old fee structure? At least a few hundreds.
Now use that as a guideline for what you are going to contribute to IV.
There are still problems ahead for most....
* retrogression
* BECs for unluck some
* name checks (I personally know someone that it took almost 2 years for).
IV is now the most credible organization there to help get these issues addressed. So let's hand over the $.
(me about $1K so far plus time)
Maybe $640, $6,400, or even $64,000?
If Uncle Sam charged a fee to submit now rather than waiting for another year or two or three... What would you have paid to submit I485 and get EAD AP AC21?
Alternatively, how much are you going to benefit from EAD AP or AC21?
AC21 -- maybe ability to move jobs and get a few thousand $ pay rise?
AC21 -- maybe not going to the back of the queue -- really worth thousands!
EAD for you and spouse -- maybe a week of salary for someone that could not previously work?
AP -- how much is it worth not to have to waste time and money renewing H1B at an embassy. That's at least a few days of time you don't have to waste (and time is money).
How much will you save from filing under the old fee structure? At least a few hundreds.
Now use that as a guideline for what you are going to contribute to IV.
There are still problems ahead for most....
* retrogression
* BECs for unluck some
* name checks (I personally know someone that it took almost 2 years for).
IV is now the most credible organization there to help get these issues addressed. So let's hand over the $.
(me about $1K so far plus time)
more...
sri1309
01-10 10:40 AM
Buddy Sri, thanks for mentioning GC premium processing, please check my following link/messages ("How about PP for GC"):
http://immigrationvoice.org/forum/showthread.php?t=22981
(I got thrashed for suggesting it:()
Keep doing it still, thou. Now the voting is closed. I wish we all logged in at the right time and voted 1000 each for the cause. We must help ourselves much before its too late.
http://immigrationvoice.org/forum/showthread.php?t=22981
(I got thrashed for suggesting it:()
Keep doing it still, thou. Now the voting is closed. I wish we all logged in at the right time and voted 1000 each for the cause. We must help ourselves much before its too late.
shree19772000
02-12 01:13 PM
Can you please elaborate on how this can be achieved? I curently have an approved 140 and am stuck in EB3 retrogression.
Please consult a immigration lawyer.
Please consult a immigration lawyer.
more...
hebbar77
10-03 12:45 PM
Point is all want GC fast. That will not come by fighting between EB2/EB3.
It takes realization of how important skilled immigrants are to US economy.
So Lets not fight within us, lets do what it takes to get what we want.
I come from india, and abt 300 years back fighting between the indian kings led to india being ruled by a foreign nation for 100 years!. Grow up folks , realise what you want!
It takes realization of how important skilled immigrants are to US economy.
So Lets not fight within us, lets do what it takes to get what we want.
I come from india, and abt 300 years back fighting between the indian kings led to india being ruled by a foreign nation for 100 years!. Grow up folks , realise what you want!
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signin241
07-26 07:35 PM
// 2006 PD filers dont worry abt spouse 485. Your PD would become available only after couple of years. My PD is Sept 2005 and I dont anticipate to get my GC within 2yrs. For reference look at the PERM data that is published, you would get a good idea. //
So, we (who are not married and PD 2006/2007 EB2) file 485 now and wait for our PD to come CURRENT again to file our spouse 485. We'll maintain our
H1B and bring her here on H4 and then wait for the PD to become CURRENT.
If she decides to go on H1 or F1, then we'll be able to invoke our EAD and change employers if needed, else what's the use even applying for 485 alone if we don't want to use the EAD at all ??
So, we (who are not married and PD 2006/2007 EB2) file 485 now and wait for our PD to come CURRENT again to file our spouse 485. We'll maintain our
H1B and bring her here on H4 and then wait for the PD to become CURRENT.
If she decides to go on H1 or F1, then we'll be able to invoke our EAD and change employers if needed, else what's the use even applying for 485 alone if we don't want to use the EAD at all ??
more...
GCOP
08-11 01:10 PM
PD: October 2003
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skgs2000
01-10 11:52 PM
You are right..it takes time and effort, and money too. We are ready to donate, if we are allowed to file EAD after 140 clearance immeditely, ,irrespective of EB-2 or EB-3. However, do not reply saying that you need to donate first as this is not how we think. There are a whole bunch of friends who are of the same opinion.
And what is this with so many reds besides my name..wat is this?? Ppl venting their own Frustration on others.
And what is this with so many reds besides my name..wat is this?? Ppl venting their own Frustration on others.
more...
trueguy
08-16 10:30 AM
:) wait till september, i betting we will see 25-28k eb2 approvals, good for them i guess. it is typical with USCIS, towards the end of the year they wake up and go overtime in approving the cases.
I wonder why USCIS/DOS don't spread the workload across consular posts. During Jul2007 fiasco, most of the I-485 application till Jan'2007 PDs are filed. Now if DOS make the PD for all categories to lets say 2006, they won't recieve any new applications and consular posts could use some numbers.
In fact, people who opted for AOS will also go for CP if consular posts can process them. This will help take some workload off of USCIS. But I don't know why they don't do it.
I wonder why USCIS/DOS don't spread the workload across consular posts. During Jul2007 fiasco, most of the I-485 application till Jan'2007 PDs are filed. Now if DOS make the PD for all categories to lets say 2006, they won't recieve any new applications and consular posts could use some numbers.
In fact, people who opted for AOS will also go for CP if consular posts can process them. This will help take some workload off of USCIS. But I don't know why they don't do it.
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ItIsNotFunny
10-08 01:12 PM
Friends,
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
more...
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06-14 07:45 PM
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shishya
06-15 05:01 PM
It is completely unpredictable. Actually when you file I485 USCIS does not process FIFO(They are supposed to). For example there are 10k gc are left for the year. First they will process the applications which are cleared FP based on PD and receipt date. Always risk is there when filing without marriage. You are safe till USCIS starts process your application. When they take your application for processing then you cannot add your spouse. Also if CIR decides to process backlogs faster then also you will be in problem. Best option is if your marriage is already fixed do it within 3 months and file GC before PD is backdated. You need not file July first. You can wait till Jul15 to see next VB and decide.
This gives me creeps! 485 applications are NOT processed in FIFO order?!!?!?! I was banking on that being FIFO so I could safely assume that my 485 wont be processed before the next retrogression kicks in in a couple of months -- giving me ample time to get married and bring my wife on H4!! :( :( And I do plan to get married in the next 6-9 months :(
This gives me creeps! 485 applications are NOT processed in FIFO order?!!?!?! I was banking on that being FIFO so I could safely assume that my 485 wont be processed before the next retrogression kicks in in a couple of months -- giving me ample time to get married and bring my wife on H4!! :( :( And I do plan to get married in the next 6-9 months :(
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chanduv23
04-28 08:49 PM
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
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Leo07
12-02 09:07 PM
One quick and dirty one is to...people who want to 'Add to Reputation' of posts...need to buy:)
I can't believe...I got few red dots....for this post. These Red dots that many of our IVers donate so generously need to be purchased in order to give it to anybody next time.
Just kidding, don't take this seriously. Some people found this post 'illogical' :)
Events with food, music and lots of other fun and all the money goes to IV. We need to form workgroups for doing this in every state.
I can't believe...I got few red dots....for this post. These Red dots that many of our IVers donate so generously need to be purchased in order to give it to anybody next time.
Just kidding, don't take this seriously. Some people found this post 'illogical' :)
Events with food, music and lots of other fun and all the money goes to IV. We need to form workgroups for doing this in every state.
more...
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furiouspride
04-17 10:21 PM
wow! you can't even ask your peers for honest feedback without being judged. :(
Not being judgmental at all. This is a question that has to be posed to the HR department in the company and not to 'peers' on a forum. The profile says he/she is on EB2 and then he/she goes on to ask this
"let me know if they have done EB2 with this scenario." WTF! :D While I'm not against getting your degree online or IGNOU but you need to at least have the acumen to geo-locate yourself it nothing else :D Other skills are far superlative and come much later :D
Not being judgmental at all. This is a question that has to be posed to the HR department in the company and not to 'peers' on a forum. The profile says he/she is on EB2 and then he/she goes on to ask this
"let me know if they have done EB2 with this scenario." WTF! :D While I'm not against getting your degree online or IGNOU but you need to at least have the acumen to geo-locate yourself it nothing else :D Other skills are far superlative and come much later :D
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DCQC
03-10 06:41 PM
If these numbers are correct then total EB-I pending applications are about 125K only. Thats less than one year of total quota and If USCIS work properly then this backlog can be cleared in one year (ignoring ROW for now). But thats not happening and backlog is increasing every year, especially for India.
Howcome, USCIS reports that pending I-485 is 620249 as Jan'2009.
Something is wrong. I wish we can get pending applications per year per category.
Thanks.
The 600K+ number must include EB+FB
Howcome, USCIS reports that pending I-485 is 620249 as Jan'2009.
Something is wrong. I wish we can get pending applications per year per category.
Thanks.
The 600K+ number must include EB+FB
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caliguy
09-15 11:26 PM
Reached home and had a letter waiting...
Here is the response from TSC:
According to TSC, it is currently processing 485 visas based on filing date order. There are a large amount of cases that are being processed and your case will be processed in receipt date order. With the limited amount of visas that are currently available between now and September 30, 2009, there is no guarantee that your case can be completed before the end of FY 2009.
For whatever it means, I have seen tons and tons of cases with receipt date/notice date and PD after me that have been approved. Heck, all my dates are current on outside the processing time so I dont know what to make out of it.
All we can do is keep our fingers crossed...... I wish I had received the card instead of the letter today :)
Here is the response from TSC:
According to TSC, it is currently processing 485 visas based on filing date order. There are a large amount of cases that are being processed and your case will be processed in receipt date order. With the limited amount of visas that are currently available between now and September 30, 2009, there is no guarantee that your case can be completed before the end of FY 2009.
For whatever it means, I have seen tons and tons of cases with receipt date/notice date and PD after me that have been approved. Heck, all my dates are current on outside the processing time so I dont know what to make out of it.
All we can do is keep our fingers crossed...... I wish I had received the card instead of the letter today :)
pappu
02-06 01:18 PM
Purplehazea:
I didnt know you have such doubts about the efforts of IV and its goals.
Anyways, have you every picked up the phone and called us to ask us what we are doing at that moment? What we did last week, what's our plan next week? You know, there is a phone number listed at several places on the website. That phone never rings. Oh yes, never. So who come you never seek answers where you can get them?
We have told several times, that we dont have time to keep everyone in loop about everything we do in DC, including every time we meet some staffer or someone. Sorry, that's just how it is.
Last week, Aman was in DC on Thursday and Friday (Jan 25 and 26) and had meetings with 3 senate staffers who work on Immigration. Then he went to India, then he came back straight to DC monday morning and since yesterday, he has met with 2 more staffers, our lobbyists.
We are also trying to find out about the schedule A rumor and if its true, to have the recaptured visas go to all categories not just schedule A.
So there, you have your update? If you want to know more, then call us on the phone.
And this update is the kind of update we dont usually post on forums. This is mundane advocacy stuff. Find me one organization that gives hour by hour update of what they are doing.
If you dont trust us, what are you doing here. Why dont you join the "bash IV" party at immigration portal and enjoy criticizing the arrogant IV core and its stupid blind followers. I am sure you will find many enlightened fellows like over at portal who are smart enough not to follow or believe in IV.
Well said Logiclife.
Calling us in not the solution. After you call us and get an update, tell us how you can help us and then actually help us.
Purplehazea, lets see if you now step up and come forward to help us in our efforts instead of ranting about us.
If you are one of those members that were once part of IV and either got banned or left because you felt we are working against your interests, then you were never part of this community and effort. This is a genuine effort and a lot of people's careers and personal lives are affected due to the greencard problem and we are genuinely trying to fix it. If you are trying to spread a negative message urging people not to contribute and posting negative remarks, then you either are not affected by retrogression (and so you dont belong here) or you are so naive that you are hurting your own interests by posting negative remarks on other forums.
Lets also see how many members are willing to come forward to actively work for IV and also contrbute for the cause.
lets also see how many H4s come forward to volunteer their time for this effort. We are on H1s and find it hard to manage our jobs and IV work. H4s can be a great asset in our volunteer efforts on various fronts.
lets see if there are any H4s who can commit to meeting each and every lawmaker in their state. Lets also see if there is any H4 in DC area who can commit to spend some hours daily meeting staffers in various DC offices and doing the running around work that some core members do by travelling to DC on their own money and use up their entire vacation time.
If you do any of the above, then come back and tell us what to do and what not to do. Give us all your ideas and suggestions and ask us to execute them for you. Then tell us that we are arrogant etc etc. Then tell us that you can do better than us and lead all of us. We are very open to this.
I didnt know you have such doubts about the efforts of IV and its goals.
Anyways, have you every picked up the phone and called us to ask us what we are doing at that moment? What we did last week, what's our plan next week? You know, there is a phone number listed at several places on the website. That phone never rings. Oh yes, never. So who come you never seek answers where you can get them?
We have told several times, that we dont have time to keep everyone in loop about everything we do in DC, including every time we meet some staffer or someone. Sorry, that's just how it is.
Last week, Aman was in DC on Thursday and Friday (Jan 25 and 26) and had meetings with 3 senate staffers who work on Immigration. Then he went to India, then he came back straight to DC monday morning and since yesterday, he has met with 2 more staffers, our lobbyists.
We are also trying to find out about the schedule A rumor and if its true, to have the recaptured visas go to all categories not just schedule A.
So there, you have your update? If you want to know more, then call us on the phone.
And this update is the kind of update we dont usually post on forums. This is mundane advocacy stuff. Find me one organization that gives hour by hour update of what they are doing.
If you dont trust us, what are you doing here. Why dont you join the "bash IV" party at immigration portal and enjoy criticizing the arrogant IV core and its stupid blind followers. I am sure you will find many enlightened fellows like over at portal who are smart enough not to follow or believe in IV.
Well said Logiclife.
Calling us in not the solution. After you call us and get an update, tell us how you can help us and then actually help us.
Purplehazea, lets see if you now step up and come forward to help us in our efforts instead of ranting about us.
If you are one of those members that were once part of IV and either got banned or left because you felt we are working against your interests, then you were never part of this community and effort. This is a genuine effort and a lot of people's careers and personal lives are affected due to the greencard problem and we are genuinely trying to fix it. If you are trying to spread a negative message urging people not to contribute and posting negative remarks, then you either are not affected by retrogression (and so you dont belong here) or you are so naive that you are hurting your own interests by posting negative remarks on other forums.
Lets also see how many members are willing to come forward to actively work for IV and also contrbute for the cause.
lets also see how many H4s come forward to volunteer their time for this effort. We are on H1s and find it hard to manage our jobs and IV work. H4s can be a great asset in our volunteer efforts on various fronts.
lets see if there are any H4s who can commit to meeting each and every lawmaker in their state. Lets also see if there is any H4 in DC area who can commit to spend some hours daily meeting staffers in various DC offices and doing the running around work that some core members do by travelling to DC on their own money and use up their entire vacation time.
If you do any of the above, then come back and tell us what to do and what not to do. Give us all your ideas and suggestions and ask us to execute them for you. Then tell us that we are arrogant etc etc. Then tell us that you can do better than us and lead all of us. We are very open to this.
bebar
09-15 04:49 PM
Called NSC on 9/3 and IO initiated an inquiry. Not sure if this is equivalent to SR. With in few hours I got a reply email stating the exact following message. It says awaiting review by an officer, but then the last line says "Service is waiting for VISA availability". It's too confusing and it sucks.
************************************************** *************
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed. Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
************************************************** *************
************************************************** *************
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed. Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
************************************************** *************
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