Napoleon
03-11 01:25 AM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
wallpaper Dixie Chicks - ACLU Award
ashutrip
06-18 12:58 PM
I agree. On the other side, some were certified in quick time.
seems like your a big time optimist and me a big time pessimist
seems like your a big time optimist and me a big time pessimist
HV000
09-28 06:45 PM
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
This is horrible. We need to know how many numbers have been wasted due to notorious inefficiency of USCIS. This also raises an important question why DOS does not allocate the entire 140,000 on Oct 1st when there is tremendous backlog in the system. Also, it is ridiculous that USCIS does not release the Number of backlogged applicants in its system.!!
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
This is horrible. We need to know how many numbers have been wasted due to notorious inefficiency of USCIS. This also raises an important question why DOS does not allocate the entire 140,000 on Oct 1st when there is tremendous backlog in the system. Also, it is ridiculous that USCIS does not release the Number of backlogged applicants in its system.!!
2011 CMT teams up the Dixie Chicks
chanduv23
09-13 03:21 PM
Order Details - Sep 13, 2007 12:40 PM GMT-07:00
Google Order #949176417011663
Great, and please make it to the rally
Google Order #949176417011663
Great, and please make it to the rally
more...
EkAurAaya
07-11 03:32 PM
They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
Oh - I got excited for nothing! Thanks for correcting me.
So "Other workers" is also considered EB3? who falls in this category...?
If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
Oh - I got excited for nothing! Thanks for correcting me.
So "Other workers" is also considered EB3? who falls in this category...?
Cheran
03-05 04:43 PM
ditto
There should be a method behind this madness. Its hard for me to believe that these RFEs are random generated? Any idea boys & girls. By the way, I did not get a RFE!!!
Man, how pathetic one's life should be, if he gets paranoid that he is not getting a RFE. Its sad to see where I stand today... :((
There should be a method behind this madness. Its hard for me to believe that these RFEs are random generated? Any idea boys & girls. By the way, I did not get a RFE!!!
Man, how pathetic one's life should be, if he gets paranoid that he is not getting a RFE. Its sad to see where I stand today... :((
more...
needhelp!
11-09 01:47 PM
I am sure there are so many others like you. I hope all these affected individuals will set up appointments with their congressman to tell them how their system is playing with our lives.
2010 girls, Landslide
Humhongekamyab
06-11 12:42 PM
Instead of ruining our life running after GC, here are few options
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
Let's stop wasting our time and pages on ALTERNATIVES (Canada, Australia, India, or timbaktu). Those who are serious about the alternatives just opt for those. We are here to fight our case for increased visa numbers and lets do that.
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
Let's stop wasting our time and pages on ALTERNATIVES (Canada, Australia, India, or timbaktu). Those who are serious about the alternatives just opt for those. We are here to fight our case for increased visa numbers and lets do that.
more...
desixp
09-10 11:36 AM
Just now contributed $100.
Google Order #616922884201935
Google Order #616922884201935
hair Dixie Chicks - Thank Heavens
sameet
02-19 11:27 AM
I don't think anybody can predict EB-3 India as it is a lost cause (sorry for being pessimistic). The only way EB-3 India will see any meaningful progress is through legislation.
I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?
I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?
more...
hopefullegalimmigrant
12-27 09:14 AM
Looks like in majority end july through August are pending the receipt of AP not to say some of the guys have still got it but they are from various service centers. Very inconstent. This is a document that has no accountability to be completed by X amount of time but we have all paid fees for it. Come vacation time and no AP, we will have to make the trip without the document. Its not that one decides to go to vacation every month. This is a losing deal for us. How do we address this delay? Infopass does not help I was told unless you decide to lie wholesale.
hot and the Dixie Chicks.
gc28262
08-12 11:40 AM
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.
By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.
more...
house and the Dixie Chicks.
ashishgour
09-12 05:19 PM
I am in tooo..DC rally wud not cost me $200...i was in the first one as well..:)
tattoo Dixie Chicks / Fly promotional
tinamatthew
07-21 05:44 PM
Hi Tina,
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Hi GC
Are you EB2/EB3?
Did your previous employer put up the notice for 10 business days?
Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.
Let me know.
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Hi GC
Are you EB2/EB3?
Did your previous employer put up the notice for 10 business days?
Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.
Let me know.
more...
pictures by Dixie Chicks
kumhyd2
07-22 03:38 PM
joined the yahoo group.
Others may put a message about their joining here.
Others may put a message about their joining here.
dresses like the Dixie Chicks#39; new
Libra
09-12 01:39 PM
thank you EAD, hope you can make it to DC rally too.
more...
makeup BEFORE the Dixie Chicks
AabTuAgaGC
01-04 12:24 PM
I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.
I filed on July 27th as well, but have received nothing. Not even a LUD. I have travel plans for Feb 2nd. All reservations done, ticket issued, leave approved, but still no AP:mad: What should I do:mad::mad::mad:
I filed on July 27th as well, but have received nothing. Not even a LUD. I have travel plans for Feb 2nd. All reservations done, ticket issued, leave approved, but still no AP:mad: What should I do:mad::mad::mad:
girlfriend Dixie Chicks Landslide Album
![The Dixie Chicks Album. Home [Limited] by Dixie Chicks](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_uezMuithiZUWeqDX_bAhDL_cOlM5YC3iuuT-HhwD2ZGPSH56NtxElLUnbPV5pAXdqynHO3j8QM5dh-OkxORI21klI63msI_ni5q8RBnM_KQbPYRRMDwJA-fxon6A_E=s0-d "Home [Limited] by Dixie Chicks")
desi485
11-20 09:20 PM
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
hairstyles An Evening With The Dixie Chic
eb3_nepa
07-14 03:24 PM
Good job members. Keep the momentum going.
Calling out to the IV core. pappu, paskal et al. Please put this campaign on IV's homepage.
Calling out to the IV core. pappu, paskal et al. Please put this campaign on IV's homepage.
waitin_toolong
07-20 05:19 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
If you are determined to make sensational calculations and postings then who can stop you, but seriously stop assuming things.
1st assumption: 750000 applicants (realistic figure near 500,000)
2nd assumption: all are adults (why would kids need EAD, and there would be several in that category)
3. it takes only 5 mts could take more or less who knows,
4. work hrs
5. number of people.
Stop being so negative and sensationalizing everything. There are more genuine problems to talk about.
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
If you are determined to make sensational calculations and postings then who can stop you, but seriously stop assuming things.
1st assumption: 750000 applicants (realistic figure near 500,000)
2nd assumption: all are adults (why would kids need EAD, and there would be several in that category)
3. it takes only 5 mts could take more or less who knows,
4. work hrs
5. number of people.
Stop being so negative and sensationalizing everything. There are more genuine problems to talk about.
HRPRO
02-23 04:31 PM
Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
What is LUD
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
What is LUD
No comments:
Post a Comment