swede
04-07 09:30 AM
Wow. That must be a record...:eek: Maybe you should call Guiness World records, and claim the title "slowest Green Card process in history". ;)
My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o
My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o
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h1techSlave
04-12 03:41 PM
Sole Proprietorship: Simplest form; but riskiest. Is you individually doing business under either your name or a trade name. Very little paperwork is required. Taxes are reported on your personal return. Profits are loss comes out of your own pocket.
You will face unlimited personal liability and creditors can often go after personal assets. You may be ineligible for tax-free fringe benefits that are available to more formal businesses.
Partnership: General partnership � Creditors can collect from all partners� assets as well from business assets.
Limited partnership � partners who do not directly participate in the business can limit their risk.
Corporation: For large businesses. Creditors cannot collect from the personal assets of owners (share holders). Complex legal paperwork is needed.
Taxed on income before profits are distributed.
S corporation � pass thru taxation like they are partnerships. Limits on non-citizen share holders.
C corporation � pay tax at both corporate and shareholder level.
Limited liability company (LLC): A partnership in the eyes of IRS � profits are taxed only once in the member�s personal returns. It shields members� personal assets from business creditors.
When forming an LLC, you are required to file a limited liability company certificate with the Secretary of State and an internal organization agreement (Operating Agreement).
Limited liability company - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Limited_liability_company)
You will face unlimited personal liability and creditors can often go after personal assets. You may be ineligible for tax-free fringe benefits that are available to more formal businesses.
Partnership: General partnership � Creditors can collect from all partners� assets as well from business assets.
Limited partnership � partners who do not directly participate in the business can limit their risk.
Corporation: For large businesses. Creditors cannot collect from the personal assets of owners (share holders). Complex legal paperwork is needed.
Taxed on income before profits are distributed.
S corporation � pass thru taxation like they are partnerships. Limits on non-citizen share holders.
C corporation � pay tax at both corporate and shareholder level.
Limited liability company (LLC): A partnership in the eyes of IRS � profits are taxed only once in the member�s personal returns. It shields members� personal assets from business creditors.
When forming an LLC, you are required to file a limited liability company certificate with the Secretary of State and an internal organization agreement (Operating Agreement).
Limited liability company - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Limited_liability_company)
danila
07-25 08:40 AM
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
It is mentioned in the Ombudsman report.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
It is mentioned in the Ombudsman report.
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AllVNeedGcPc
04-13 07:52 AM
Enjoy the moments!!!
I just sent a mail to my Senator last week.
Got the card production e-mail today, thank you everyone for your endless support the past 7 years.
I just sent a mail to my Senator last week.
Got the card production e-mail today, thank you everyone for your endless support the past 7 years.
more...
arnab221
06-21 01:54 PM
I am just hoping we do not mis the July Bus :cool:
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
vinabath
07-20 03:02 PM
Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
It does not make any sense.Very bad analogy.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
It does not make any sense.Very bad analogy.
more...
santb1975
06-02 09:35 PM
This is Great
Contributed $100 for June
Receipt ID: 47W850****
Contributed $100 for June
Receipt ID: 47W850****
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Green.Tech
06-04 11:51 PM
Folks, the bills are going to be taken to the next level soon...We don't have much time....Please contribute financially for this cause so we can all get GC's sooner than later...
Who knows when our next opportunity will come!
Who knows when our next opportunity will come!
more...
ras
10-17 04:23 PM
I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
I mentioned in this thread about the response that I got from ombudsman. So they would love to hear about the specific cases. In fact they would be more than willing to look into the specific cases. because that gives the strength to question USCIS.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
I mentioned in this thread about the response that I got from ombudsman. So they would love to hear about the specific cases. In fact they would be more than willing to look into the specific cases. because that gives the strength to question USCIS.
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reddymjm
07-14 10:31 PM
I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I am a JUN filer. JUL 07 killed me.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I am a JUN filer. JUL 07 killed me.
more...
sam2006
07-19 01:27 AM
thank you raju
Contributed $100 yesterday.
Will contribute again next month.
Keep up the good work.
___________________________
Total Contribution So Far $175+
Contributed $100 yesterday.
Will contribute again next month.
Keep up the good work.
___________________________
Total Contribution So Far $175+
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chanduv23
05-14 01:46 PM
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
I agree. And we also need more information on such topics. We need a '101' so that people are aware.
I agree. And we also need more information on such topics. We need a '101' so that people are aware.
more...
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punjabi
08-13 04:52 PM
Hi buddyinus,
We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.
Do not write rude. Be a little professional at your behavior and communicate professionally.
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.
Do not write rude. Be a little professional at your behavior and communicate professionally.
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
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aeroterp
06-12 04:15 PM
In many states, it is possible to renew your DL online. Why do you have to go to the actual DMV to renew? I think you should be able to avoid a lot of your troubles by applying online.
more...
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ItIsNotFunny
10-21 11:06 AM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
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tinamatthew
07-21 04:20 PM
Are there any Schedule A professionals who are filing this July?
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
more...
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GCBy3000
07-06 04:54 PM
nice and humourous. Very good.
coz we need some place to go for vacation ;)
coz we need some place to go for vacation ;)
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winding
04-30 07:12 PM
http://judiciary.house.gov/media/pdfs/USCIS080430.pdf
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malaGCPahije
10-17 10:07 AM
Everyone who contributed to this have done a great job. Hopefully USCIS takes a note of this and rectifies their process in the future. I will send the letters soon. Thanks to each one of you for the efforts.
pstvak
09-11 08:16 PM
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
Contributed 100$. Google Order #204480874815294
Regards
chantu
07-11 11:27 AM
I have one question?
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
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