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  • amdavad
    03-14 07:47 AM
    We received RI. Recruitment period is from 03/19 to 04/18. It seems thing are moving.

    MA/10-2003/TR




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  • meimmi
    03-10 10:14 PM
    This is a very interesting topic. Can someone please clarify what are the pros/cons of C-corp vs S-corp? Is both treated as LLC?




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  • a_yaja
    07-21 09:06 AM
    SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],

    COSPONSORS(6):

    Sen Enzi, Michael B. [WY]
    Sen Gregg, Judd [NH]
    Sen Smith, Gordon H. [OR]
    Sen Sununu, John E. [NH]
    Sen Coleman, Norm [MN]
    Sen Voinovich, George V. [OH]


    Enzi - Yea
    Gregg - Yea
    Smith - Yea
    Sununu - Yea
    Coleman - Yea
    Voinovich - Nay


    Everyone who cosponsored the amendment voted for the amendment except for Voinovich. Wonder why he cosponsored the amendment if he did not vote for it.




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  • ind_game
    05-13 11:37 PM
    Did you ever apply for EAD / AP?

    I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009



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  • va_labor2002
    06-23 11:00 AM
    I got my labor approved only on May 26 ,2006. My Pd was March 12,2002 EB3 Va.

    I've already entered details into http://www.trackins.com

    Data was:
    PD 12/19/2002
    Approved EB3 RIR 6/14/2006
    received copy today
    Originally NY DOL
    Philly BEC

    That was 1272 days

    Here is a little good news for most....
    I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.

    Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.

    Also from trackins.com it appears that most 45 day letters have been issued.
    They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.

    Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.




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  • Mouns
    04-30 04:57 PM
    look here at
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD


    "Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "

    It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.

    Let me help you here: the USCIS receive 2.5 million applications in july and august 2007 ('The surge'). For most of the ones who applied, I don't think we will see the dates move much in the near future... But I don't know so, keep the faith. Miracles are still possible



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  • vayumahesh
    10-28 03:28 PM
    Thanks 9Years for sharing the info. My I-140 was filed on Oct 20th under premium processing and still waiting for approval.

    As next step, are you planning to do interfiling or wait and see if I-485 will be approved automatically ?




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  • raysaikat
    01-07 01:04 AM
    raysaikat, and others, can we call a truce and focus on the original intent of the thread? I am sure we can all agree that the top 5 % of the worst university (does not matter which, or where) are usually better than the bottom 5 % of the best university (again, does not matter).

    In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)

    You never know whom you are sitting next to on the plane! ;)

    Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.

    We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.

    I, for one, have serious questions:
    A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
    B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
    C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.

    I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.

    I browsed through Wadhwa's paper. My impression is that he has used ASEE data for the U.S. and very likely it includes international students. Can anyone send him an email and seek clarification?

    I have access to ASEE database, but I cannot share the excel files. I can however post summary informations.

    2006:

    Total M.S. 38880
    Foreign 15533

    Total B.S. 74186
    Foreign 5345

    I can also report data by disciplines, among other things. But it is a bit tedious to do so.



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  • krishjack
    03-26 07:38 PM
    PD Sept 2003
    45 days letter received/replied on March/23/2006
    RIR EB3, filed in MD. Now in Philladelphia BEC




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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.



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  • priti8888
    07-24 11:36 AM
    correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck


    From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)




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  • satishku_2000
    07-05 05:05 PM
    No... Why?

    Can you please tell me the senators office you called so that I can call them too ..:) more calls the better



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  • ashshef
    12-10 03:50 PM
    Everywhere they mention spillover...they say quarterly. But they don't really enforce it. :mad:

    At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.




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  • black_logs
    01-06 02:31 PM
    I thought they were doing jun'2002. If things goes this way. We're day dreaming of Green Card



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  • harsh
    03-16 02:03 PM
    Would it help to call senator Specter's office to find out what he feels about the chances of his bill? Will it get a chance to go through all the amendements by the committe or Senate Leader will table his own bill on 27th?




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  • baburob2
    03-09 11:19 AM
    both amendments J-1 and removal cap for Nurses (India) will pass

    hi indio
    which cap on Nurse are they talking about. Is it the EB cap or H1B cap?



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  • gc_check
    01-10 11:58 AM
    It is good to see, more and more people (EB3 with older PD's ) switch to EB2 or higher, though the total percentage is small, it is still a significant help for EB3 (C & I). On average each EB Applicant consumes 2-3 Visas. One primary applicant switch means, at least 2 -3 visas freed in EB3 for this category. If qualified for EB2, this is a good move looking at the way EB3 dates are moving.




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  • engineer
    06-03 01:57 AM
    IV Core,

    What is IV's position on ammendents for people who have filed PERM only and have not filed I-140 yet.

    There shall be an ammendement which allows these people to keep using old system(EB) to get their green card.

    It is totally un-fair to null and void their application and get them into new point based systems and force them to face long delays.

    Please let us know.

    thanks,
    engineer




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  • gimme Green!!
    07-06 08:40 AM
    Hopefully the emphasis on homeland security will not have an adverse effect when dates become current again or move forward.
    On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)

    Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !




    gcnyc
    01-14 09:56 AM
    My case was filed on May,2003/EB3/RIR/NY. No 45 day letter/no approval so far from Philly backlog center.




    skgs2000
    04-30 05:02 PM
    I called each one of them! And explained to let us file 485 immeditely after 140 approval! And talked about putting us in front of line before undocumented workers!



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