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  • yabadaba
    07-11 12:04 PM
    I am guessing that this is a move to allocate more numbers to China-EB2 applicants since both India/China EB2 may move together.They want to get as much diversity as possible.

    I agree with nixtor that EB2 India will retrogress soon before oct-08.
    eb2 china was at jan2006 for a while. this will be the first time that they will be moving beyond jan 2006.




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  • Macaca
    10-01 10:00 AM
    As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.

    Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.

    Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.

    Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.

    The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345

    Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)




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  • mangelschots
    06-01 03:25 PM
    AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":

    there is a disturbing section in there:

    Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.

    Any validity to this claim ?
    If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
    Is this valid/legal ?




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  • vparam
    09-18 09:41 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.

    Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.

    you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible



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  • nogc_noproblem
    04-30 03:30 PM
    Wondering when Lofgren will get a chance to talk




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  • SFSweta
    07-11 02:12 PM
    Just out of curiosity, what's stopping you from doing some of these things now? You probably cannot spend 3 months with your family in India and Dubai or go to culinary school full-time but you can definitely do all the rest while on H-1B/AOS.


    - that's all and thanks for pointing it out :)



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  • delhiguy
    07-06 01:35 PM
    Generally they give this update on last week of every month.

    for May, 05/24/2007
    June, 06/28/2007

    For july, 07/06/2007.

    I don't know why they updated us so fast with in a week on this.

    May be because they are not expecting to enter the July applications in the system (or just uptill July 2)




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  • himu73
    09-09 11:49 AM
    I agree! I would't invest in India either. I believe awareness about these facts will save atleast few folks from being duped of hard earned money.

    You need to have proper knowledge of the market to invest anywhere. Most of the things you have stated make it clear that you have never been a real estate investor.

    I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.

    Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.

    Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.


    Just my few cents.



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  • s_r_e_e
    09-10 02:29 PM
    I am surprised that, many are surprised about the OCT dates! expected!

    recapture or die! :)




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  • manish_jain99
    09-10 04:46 PM
    I won't be able to join the Rally in Washington but can contribute some money to the cause that binds us all.



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  • hebbar77
    09-12 01:00 AM
    I wouldnt mind sending old bata slippers:D to beat themselves with

    sorry mate, in this country good/bad opinion is conveyed in a good looking manner.




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  • coolpal
    09-10 11:04 AM
    thanks IV to all ur efforts...
    Here's my contribution of $100 (Google Order #431458970400945)

    Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...

    thanks,
    pal :)



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  • vayumahesh
    11-09 08:50 AM
    I need info from the experts here. I am thinking of going with interfiling process rather than wait for the USCIS system to identify the case as current. One issue with my case is I-140 attorney (company lawyer) is different from I-485 attorney (outside company). My company attorney has forwarded the copy of I-140 to my I-485 attorney. Is I-140 copy enough or must submit original with the interfiling process ?

    The following thread in Immigrationvoice says, lawyer needs to send original I-140 with interfiling process.

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/17441-interfiling.html (response by sanbaj - The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. )




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  • ashutrip
    06-22 11:34 AM
    If PD means the date you filed your LC then its May 8th, still not over 90 days.
    its the day ur LC was filed!!



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  • Macaca
    09-14 06:38 PM
    Immigration vote sinks H-1B visa deal (http://immigrationvoice.org/forum/showpost.php?p=94517&postcount=567) Collapse of Senate bill derails tech's bid for more foreigners ByTom Abate (tabate@sfchronicle.com) | Chronicle Staff Writer, June 30, 2007
    VISA PLAN ANGERS SILICON VALLEY (http://immigrationvoice.org/forum/showpost.php?p=78888&postcount=136) Immigration bill would limit employers' choice of workers By Carolyn Lochhead (clochhead@sfchronicle.com) | Chronicle Washington Bureau, June 7, 2007




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  • ItIsNotFunny
    09-17 05:27 AM
    I have done some ground work and am planning to start a company this week - my wife as owner. I have couple of other friends who have filed 485 in June.

    My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.



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  • GreenCard4US
    08-13 07:10 PM
    Mr. Ron Gotcher believes that it means "Mexico F2A and [Mexico] employment third preference cut off dates.� Had they meant Worldwide, they would have said so explicitly".
    Relax guys.:)




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  • ys2jax
    07-06 08:39 AM
    here is the link
    http://www.cnn.com/feedback/forms/form1.html?18

    I cannot believe CNN is completely ignoring this story which appeared in NYT, WSJ, FORBES and a 100 other newspapers

    http://www.nytimes.com/2007/07/06/us/06visa.html?hp

    there was a serious security lapse in issuing green cards, FBI Security check was bypassed, the USCIS might have given the visa to even terrorists.

    why is CNN completely turning a blind side to this story, i am appalled by the CNN staff who choose to ignore this story.




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  • u.misc
    12-11 11:49 AM
    Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I

    Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.




    watertown
    03-04 10:31 AM
    Guys,

    My AP received date if Oct 31, 2007 and I called NSC 10 days back and requested expedited processing due to my dad's illness (Lung cancer). The lady IO was nice and she initiated the process and while on the phone she was typing the required info on their system. Finally she gave me a WTC number and told me to go to local DO if I didn't get the AP within 10 days!

    I was so happy!! Following the phone I saw soft LUD on my AP case for 3 days and then stopped. Nothing happened!! I've made an Infopass appointment for local Boston office USCIS and will see what happens!!!!

    Anybody got a WTC number?




    priti8888
    06-26 01:51 PM
    What is america losing?

    Lets take a typical example:

    My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.

    They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.

    Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?

    So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.

    Now think about 100 couples like this?

    Now think about 1000 couples like this?

    1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
    And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?

    Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).

    How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.

    Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.

    Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?

    Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.

    What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.

    They have a problem with that too. Bloody morons.

    For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.


    I totally agree with you, but think about this.

    For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.

    My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.



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