h1techSlave
12-05 10:00 AM
Below is the comment some body gave me in the rating thingie:
"YES LETS NOT HAVE ANY INCREASE IN H1B AND EVEN BETTER IS TO SEND U BAK TO INDIA SO WE HAVE MORE GC'S AVAILABLE, FOOL"
I think he/she wanted to say more, but the system may not have allowed that.:)
I think IV community will start working as a coherent team only when we get rid of the Green/Red thingie.
"YES LETS NOT HAVE ANY INCREASE IN H1B AND EVEN BETTER IS TO SEND U BAK TO INDIA SO WE HAVE MORE GC'S AVAILABLE, FOOL"
I think he/she wanted to say more, but the system may not have allowed that.:)
I think IV community will start working as a coherent team only when we get rid of the Green/Red thingie.
wallpaper good quotes on smile.
ujjwal_p
08-14 09:12 PM
good morning.
This horse has been beaten to death before.
the pre-adjudication process does not give u any benefits of I-1485.
I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!
From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.
This horse has been beaten to death before.
the pre-adjudication process does not give u any benefits of I-1485.
I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!
From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.
.jpg "good quotes on smile. quotes")
theMan
01-12 09:16 AM
If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.
Evaluate the odds of 485 denial and then take a decision (H1/EAD). Just don't get into analysis/paralysis mode.
Evaluate the odds of 485 denial and then take a decision (H1/EAD). Just don't get into analysis/paralysis mode.
2011 nice quotes on smile. Funny
Gator
04-09 11:38 PM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
more...
Blog Feeds
12-05 09:20 PM
This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
Billboard
08-07 04:53 PM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
more...
sriramkalyan
02-25 10:06 AM
GOOGLE - MVA
go get info there !
go get info there !
2010 good quotes on smile. quotes
ss1026
09-25 09:17 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
more...
j_manav
07-17 04:55 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
What does this mean... Is this an annoucement
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
What does this mean... Is this an annoucement
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vin13
01-07 02:20 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
more...
meridiani.planum
07-19 02:10 PM
Hi Leoindiano:
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
hot Quotes. Speak your mind
mpillai
05-08 09:40 PM
Many qualified for EB1 need not necessarily be already in EB1.
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
more...
house Short Funny Quotes; Smile
a.j.2048
03-04 04:43 PM
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
People are usually smart enough to understand that the URL does not mean much. For e.g. people going to ibnlive.in.com understand they are going to the Congress News Network and not to CNN.
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
People are usually smart enough to understand that the URL does not mean much. For e.g. people going to ibnlive.in.com understand they are going to the Congress News Network and not to CNN.
tattoo Good Quotes On Smile. find a
minimalist
11-12 02:59 PM
Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).
IMHO, that's a big risk as you will never know if the IO just gives for a month, 2 months or 6 months.
There is the risk of getting stuck in security processing if you apply for another visa as shared by another member.
For your friend's case s/he needs to weigh these risks and see which one s/he can take.
IMHO, that's a big risk as you will never know if the IO just gives for a month, 2 months or 6 months.
There is the risk of getting stuck in security processing if you apply for another visa as shared by another member.
For your friend's case s/he needs to weigh these risks and see which one s/he can take.
more...
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missourian
11-05 08:08 PM
Texas IV group Goooooo!!!
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skynet2500
11-24 04:15 PM
I have quickly checkced with few other folks and they said it is not possible. They could be sent back if they have a retunr ticket more than 180 days.
more...
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delhiguy
07-02 03:13 PM
[QUOTE=vinabath]I paid for a 2007 labor for 15k. Now I am screwed.[/QUOTE
One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
Never break rules , Never trust desi consultants...
One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
Never break rules , Never trust desi consultants...
girlfriend good quotes on smile.
.jpg "NB:Plz Smile..it wil reduce")
immiusa
08-14 03:00 PM
You did good thing by not sending unnecessary documentation. It is your bad luck to have an RFE for unnecessary documentation.
Some times people do send the few additional document even if they are not required. This could lead to a problem.
Ex: While attending a personal interview at a USA consulate. Every body suggests "Answer to question", not more and not less. The same rule should apply
People send extra documentation as a precautionary measure. But an IO officer may not understand the necessity of the document and send you an RFE. which would potentially delay the approval process.
Some times people do send the few additional document even if they are not required. This could lead to a problem.
Ex: While attending a personal interview at a USA consulate. Every body suggests "Answer to question", not more and not less. The same rule should apply
People send extra documentation as a precautionary measure. But an IO officer may not understand the necessity of the document and send you an RFE. which would potentially delay the approval process.
hairstyles hair Smile Quotes Short. small
vinabath
07-02 03:10 PM
USCIS made my lazy paralegal work overtime for 2 weeks.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
srikondoji
04-26 07:16 PM
http://o3.indiatimes.com/dindora/archive/2006/04/27/642160.aspx
Many of my blogs were posted on the front page of timesOfIndia news paper.
With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.
Please write comments on this blog and make additions to what i have posted.
Thanks
sri
Many of my blogs were posted on the front page of timesOfIndia news paper.
With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.
Please write comments on this blog and make additions to what i have posted.
Thanks
sri
gogal
01-02 10:49 AM
It is said that 140 premium takes around 15 days... Is it true that, if there is any query during the premium processing, the 15 day count is not applicable.. I mean it goes back to the normal processing time in case of any query
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