indyanguy
10-01 07:45 PM
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
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PresidentO
03-11 12:02 PM
Heights of stupidity
gjoe
09-24 09:03 AM
Read this interesting article in MSNBC
http://www.msnbc.msn.com/id/26860570
Sad but funny too:)
http://www.msnbc.msn.com/id/26860570
Sad but funny too:)
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Macaca
06-15 08:00 PM
From numerous visits to USCIS facilities, the Ombudsman has observed that adjudicators prefer to work on the cases that are easiest to complete. Adjudicators pick the �low hanging fruit� first because supervisors base performance evaluations on the number of cases completed. Consequently, adjudicators put aside the most difficult and time-intensive cases. These cases remain pending, perhaps for years, while backlog reduction appears generally to be succeeding.
The Ombudsman fully supports USCIS efforts to quickly and efficiently complete the cases. However, the current drive to complete large numbers of cases presents problems. For example, USCIS provides field offices resources based on what is needed to complete a typical case. It is the Ombudsman�s understanding that if field offices have a workload of 1,000 cases and USCIS determines each case usually takes one hour to complete, USCIS will provide financial support for 1,000 hours. Cases that take longer than an hour to complete are not provided additional resources in the office�s budget. Offices with more than the average numbers of difficult cases or offices that try to work the difficult cases thoroughly will not be adequately funded because the number of completions will be low. Meanwhile, offices that push to complete the easy cases will see their budgets grow.
One field office visited by the Ombudsman has a large number of long-pending cases which require substantial adjudicator hours. However, officers at that office indicate that they cannot address the older, difficult cases without negatively affecting their productivity report to USCIS headquarters.
Ombudsman's Recommendation
The Ombudsman has observed that newer cases are processed more quickly while cases more than six months old are increasingly backlogged. The Ombudsman supports the USCIS drive to maximize case completions, but attention needs to be directed at clearing older cases. The Ombudsman recommends that USCIS provide a clearer picture of the current backlog by providing information on the number of pending cases by form type with receipts that are:
< 90 days;
< 180 days;
< 1 year;
< 2 years;
< 3 years;
< 4 years; and
>= 4 years.
The Ombudsman fully supports USCIS efforts to quickly and efficiently complete the cases. However, the current drive to complete large numbers of cases presents problems. For example, USCIS provides field offices resources based on what is needed to complete a typical case. It is the Ombudsman�s understanding that if field offices have a workload of 1,000 cases and USCIS determines each case usually takes one hour to complete, USCIS will provide financial support for 1,000 hours. Cases that take longer than an hour to complete are not provided additional resources in the office�s budget. Offices with more than the average numbers of difficult cases or offices that try to work the difficult cases thoroughly will not be adequately funded because the number of completions will be low. Meanwhile, offices that push to complete the easy cases will see their budgets grow.
One field office visited by the Ombudsman has a large number of long-pending cases which require substantial adjudicator hours. However, officers at that office indicate that they cannot address the older, difficult cases without negatively affecting their productivity report to USCIS headquarters.
Ombudsman's Recommendation
The Ombudsman has observed that newer cases are processed more quickly while cases more than six months old are increasingly backlogged. The Ombudsman supports the USCIS drive to maximize case completions, but attention needs to be directed at clearing older cases. The Ombudsman recommends that USCIS provide a clearer picture of the current backlog by providing information on the number of pending cases by form type with receipts that are:
< 90 days;
< 180 days;
< 1 year;
< 2 years;
< 3 years;
< 4 years; and
>= 4 years.
more...
dallasdude
06-12 12:56 PM
If they get continus apps from Eb1 in each quater how can they set up cutoff date ? ( I mean their demand with in range of supply ) .. isn't that illegal ?
Most recently, the cutoff dates for EB3-India was set on Jan 05 bulletin and for EB2-India on October 05. Not sure about the other categories, but it seems to me that they either do it at the start of a quarter or at the beginning of a fiscal year. Based on their comments, it does seem like demand is starting to exceed supply for those EB1 categories.
I feel like EB1 India and China will have cutoff dates beginning October 09.
Most recently, the cutoff dates for EB3-India was set on Jan 05 bulletin and for EB2-India on October 05. Not sure about the other categories, but it seems to me that they either do it at the start of a quarter or at the beginning of a fiscal year. Based on their comments, it does seem like demand is starting to exceed supply for those EB1 categories.
I feel like EB1 India and China will have cutoff dates beginning October 09.
panky72
06-25 04:21 PM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
I guess we all have problems with USCIS, either with their inefficiency (eg. receipt delays during July Fiasco), or sometime with their super efficiency (EAD's getting approved too fast):D
I guess we all have problems with USCIS, either with their inefficiency (eg. receipt delays during July Fiasco), or sometime with their super efficiency (EAD's getting approved too fast):D
more...
vivache
09-24 04:30 PM
I read the views .. that talking to lawmakers makes the difference.
I'm a little surprised here.
The long wait for the GC is an age old issue. I know folks who came here in the 80's and 90's and went through the same issues. There were brief periods when the process did speed up .. but by and large it has been the way it is.
Lawmakers can say .. 'oh I did not know it took 7 years to get the green card." But I find that tough to believe that no one knew this until we went and said this to them? (h1 quotas get extinguished in a day .. and everyone knows this ..
The situation is still the same. CIR also puts out there .. the need for Immigration reforms. So pretty much everybody out there knows what the issue is. Now what can we do to make them move on it quickly.
I agree that getting together educated folks is difficult .. since they have no Union (like workers) and are not as close as blue collared folks. And that's the main reason why an illegal immigrant rally can get a million people on the street .. whereas a legal immigrant one gets in a 1000 people or 2000.
To summarize:
1. I think people in concern know that the immigration process is inefficient
2. Unless there is sufficient sustained pressure, nothing can change.
I would say this .. the question is this ... how can we get a huge rally going in key cities in successive weeks, so we get noticed and we can send across a stronger message?
I'm a little surprised here.
The long wait for the GC is an age old issue. I know folks who came here in the 80's and 90's and went through the same issues. There were brief periods when the process did speed up .. but by and large it has been the way it is.
Lawmakers can say .. 'oh I did not know it took 7 years to get the green card." But I find that tough to believe that no one knew this until we went and said this to them? (h1 quotas get extinguished in a day .. and everyone knows this ..
The situation is still the same. CIR also puts out there .. the need for Immigration reforms. So pretty much everybody out there knows what the issue is. Now what can we do to make them move on it quickly.
I agree that getting together educated folks is difficult .. since they have no Union (like workers) and are not as close as blue collared folks. And that's the main reason why an illegal immigrant rally can get a million people on the street .. whereas a legal immigrant one gets in a 1000 people or 2000.
To summarize:
1. I think people in concern know that the immigration process is inefficient
2. Unless there is sufficient sustained pressure, nothing can change.
I would say this .. the question is this ... how can we get a huge rally going in key cities in successive weeks, so we get noticed and we can send across a stronger message?
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gc28262
01-14 10:04 PM
Lets get serious NOW.. I just read one post from one of our dear buddies in change.gov thread that voting is possible now on http://citizensbriefingbook.change.gov.
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants.
Done !
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants.
Done !
more...
xyzgc
01-14 08:18 PM
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. For them "Receive Date" is not what you see on your receipt, it is the date they physically received the case (thus if case is moved from one center to another, meaningful Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
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srikondoji
03-19 01:07 PM
There are way too many problems infront of Fed Chairman.
1) Asking people not to walk out of homes and pay up their loans
2) Making the wall street firms like Lehmen, bear sterns run their businesses as usual.
3) Contain the inflation so that long term interest rates are lowered.
4) Come out clean if the US policy is shifting towards Weak dollar or going back to string dollar policy. Either way US and world over have to face gyrations in near term.
There is blood on everybody's hands for the mess we are in.
1) Japan for too long provided the world with cheap loans (~1%).
This money not only found its way to corprate India but also into US
Housing markets.
2) Americans spent money much much more they earn or worthy off.
3) Globalization created another affect (Read Alan greenspan's 'economic conundrum' theory). Google it, you will find plenty of articles.
4) China for too long manipulated their currency and provided the world cheap goods.
5) Oil exporting countries didn't utilize the profits in developing their countries and economies. Instead they started buying aasets all over the world causing unsustainable price levels in asets.
6) Indian software industry far too long booked profits without developing/diversifying into enterprise strength products and remained fixated on their business models. Software sector is staring clueless and is unprepared for the fallout of outsourcing industry. Pink Slip culture is on the rise.
How do we come out of this financial mess in US?
There is no easy solution.
10,000 people buying homes will not help this economy. On contrary, 10,000 people not buying homes will help.
1) Asking people not to walk out of homes and pay up their loans
2) Making the wall street firms like Lehmen, bear sterns run their businesses as usual.
3) Contain the inflation so that long term interest rates are lowered.
4) Come out clean if the US policy is shifting towards Weak dollar or going back to string dollar policy. Either way US and world over have to face gyrations in near term.
There is blood on everybody's hands for the mess we are in.
1) Japan for too long provided the world with cheap loans (~1%).
This money not only found its way to corprate India but also into US
Housing markets.
2) Americans spent money much much more they earn or worthy off.
3) Globalization created another affect (Read Alan greenspan's 'economic conundrum' theory). Google it, you will find plenty of articles.
4) China for too long manipulated their currency and provided the world cheap goods.
5) Oil exporting countries didn't utilize the profits in developing their countries and economies. Instead they started buying aasets all over the world causing unsustainable price levels in asets.
6) Indian software industry far too long booked profits without developing/diversifying into enterprise strength products and remained fixated on their business models. Software sector is staring clueless and is unprepared for the fallout of outsourcing industry. Pink Slip culture is on the rise.
How do we come out of this financial mess in US?
There is no easy solution.
10,000 people buying homes will not help this economy. On contrary, 10,000 people not buying homes will help.
more...
sunny1000
05-21 01:02 PM
Thanks, sunny1000!
Like I said, I did all that, including deleting cookies, and still nothing.
I used IE and it worked. Mozilla browser still shows Apr 2007.
BTW, I corrected my post to show the NSC dates as I posted the TSC dates earlier. My mistake.
Like I said, I did all that, including deleting cookies, and still nothing.
I used IE and it worked. Mozilla browser still shows Apr 2007.
BTW, I corrected my post to show the NSC dates as I posted the TSC dates earlier. My mistake.
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creativeleader
08-10 09:47 PM
Let me take a stab at it:
EB2 I - June 2006, EB2 C - Dec 2006
EB3 I/C - Dec 2003
I'm guessing with fewer jobs available for next year, there will be a huge leap - EB2 may move to 2006 and EB3 to 2003...this is just a guess, an attempt to speak things into existence :)
EB2 I - June 2006, EB2 C - Dec 2006
EB3 I/C - Dec 2003
I'm guessing with fewer jobs available for next year, there will be a huge leap - EB2 may move to 2006 and EB3 to 2003...this is just a guess, an attempt to speak things into existence :)
more...
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gc_check
02-24 12:23 PM
Folks,
Need ur participation... I'm not an active member, but have done my part.
As you all know the famous saying, "Make hay when the sun shines", we have to act on right time to succeeed in our efforts. I see 800+ registered members.. Counting atleast $100 each, we should atleast be close to 50% of the target.. but it not the case here, Most of us have been in this country for years and also are planning to make this our home... Contributing $100, should not be a big deal.. Folks please join hands together... and help the folks who are actively working on this... .
Also each of us, already members in the group, atleast should try to get minimum one new member to this groups within next week time, we should be able to increase the membership rate dramatically and the contributions too....
"United We Stand"
Need ur participation... I'm not an active member, but have done my part.
As you all know the famous saying, "Make hay when the sun shines", we have to act on right time to succeeed in our efforts. I see 800+ registered members.. Counting atleast $100 each, we should atleast be close to 50% of the target.. but it not the case here, Most of us have been in this country for years and also are planning to make this our home... Contributing $100, should not be a big deal.. Folks please join hands together... and help the folks who are actively working on this... .
Also each of us, already members in the group, atleast should try to get minimum one new member to this groups within next week time, we should be able to increase the membership rate dramatically and the contributions too....
"United We Stand"
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logiclife
01-06 03:01 AM
So you want a Greencard? Before you are too old to actually do something with it?
You've worked all your life to get something decent back. Went to decent schools, worked hard in your 10th and 12th grade, earned your bachelors. Now what?
"Hey, Look, US is hiring IT people". 24 hours of flight. You land in America. Life is one sweet deal. You are making money in dollars. Japanese cars. Japanese cellphone. American salary. Italian food. Camcorders. Big Screens. Nice laptops. Las Vegas. Cruises. Pride in work. Pround parents at home.
Life is swell.
But then its temporary. You need green-card to make it permenant. Then our of nowhere, the word "Retrogression" hits you and ruins your party. You start praying. Look at visa bulletins. Make sure you stop browsing too much internet at work and start working harder to make sure your project lasts longer and you can keep extending your H1s forever.
There is ANOTHER WAY. Its called REACTING to the problem by DOING SOMETHING ABOUT IT.
People like you and I, who have lost our sleep due to retrogression have gathered together and joined hands to pool resources and hire a professional lobbyist to help push legislation in congress that will raise EB Greencard quota and allow you to file for I-485 even if priority dates are not current.
The organization is www.immigrationvoice.org.
Go there. Read the mission of the org. Its non-profit. Its free to join/volunteer and contribute your thoughts. See if its something you can relate to. If you feel comfortable and can trust, then contribute money. If not then you can still post on threads and forums and contribute your thoughts and give ideas. It still beats sitting and doing nothing about something that hurts us so much. After all that you have been thru, why stop now and sulk? Why not act?
You've worked all your life to get something decent back. Went to decent schools, worked hard in your 10th and 12th grade, earned your bachelors. Now what?
"Hey, Look, US is hiring IT people". 24 hours of flight. You land in America. Life is one sweet deal. You are making money in dollars. Japanese cars. Japanese cellphone. American salary. Italian food. Camcorders. Big Screens. Nice laptops. Las Vegas. Cruises. Pride in work. Pround parents at home.
Life is swell.
But then its temporary. You need green-card to make it permenant. Then our of nowhere, the word "Retrogression" hits you and ruins your party. You start praying. Look at visa bulletins. Make sure you stop browsing too much internet at work and start working harder to make sure your project lasts longer and you can keep extending your H1s forever.
There is ANOTHER WAY. Its called REACTING to the problem by DOING SOMETHING ABOUT IT.
People like you and I, who have lost our sleep due to retrogression have gathered together and joined hands to pool resources and hire a professional lobbyist to help push legislation in congress that will raise EB Greencard quota and allow you to file for I-485 even if priority dates are not current.
The organization is www.immigrationvoice.org.
Go there. Read the mission of the org. Its non-profit. Its free to join/volunteer and contribute your thoughts. See if its something you can relate to. If you feel comfortable and can trust, then contribute money. If not then you can still post on threads and forums and contribute your thoughts and give ideas. It still beats sitting and doing nothing about something that hurts us so much. After all that you have been thru, why stop now and sulk? Why not act?
more...
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TheOmbudsman
07-21 01:04 PM
Well,that's fine then. Let's see how posts you will get saying how to find good jobs in Canada. Bye.
All I can say is that everyone has their personal reasons for the decisions they make. This thread is information exchange thread for those who are looking to move to Canada. This isn't about why one should go one place vs another.
I welcome you to start another thread where ppl can debate whether they should move to India or consider moving elsewhere. In fact, I will be happy to discuss the options there. But I request ppl to not divert the focus of this thread.
All I can say is that everyone has their personal reasons for the decisions they make. This thread is information exchange thread for those who are looking to move to Canada. This isn't about why one should go one place vs another.
I welcome you to start another thread where ppl can debate whether they should move to India or consider moving elsewhere. In fact, I will be happy to discuss the options there. But I request ppl to not divert the focus of this thread.
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gunabcd
06-28 04:15 PM
As per online status "Your response received on June 15th and processing resumed". If it's pending for couple more days, As per the rule i should get my $1000 back. Will my I-140 then thrown back in the normal (non-PP) queue?
more...
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reddymjm
10-06 11:32 AM
BUT Nothing can be done till Jan 09. eb3 - i 03/03. Little hope could be EB3 ROW becoming current.
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vinodp1978
06-28 03:44 PM
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??
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meg_z
03-02 07:48 AM
Second check will be there over the weekend. Thanks.
kshitijnt
06-12 03:25 PM
DA knows that for them to win the case, they need your wife's statement on their side. And for you to win the case your wife will have to testify under oath. The attorneys are prepared on both sides to argue this case and examine and cross examine the case. Make sure you have a really really good attorney.
I hope you are telling the truth. If not why she didnt tell the police or you didnt tell police the real reason. Now the onus is on your wife to contact the police and DA and let them know the truth.
I hope you are telling the truth. If not why she didnt tell the police or you didnt tell police the real reason. Now the onus is on your wife to contact the police and DA and let them know the truth.
rameshvaid
03-15 09:44 PM
Getting expungemen t wouldnot help in his case.
For immigration purposes, his conviction stands.
Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.
Yes, I do agree with you but he asked a specific question related to travelling, and his expungement will help. He need not to declare at the POE about his case but as you said he will have the side effects of this case in various other stages till he is admitted as PR.
RV
For immigration purposes, his conviction stands.
Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.
Yes, I do agree with you but he asked a specific question related to travelling, and his expungement will help. He need not to declare at the POE about his case but as you said he will have the side effects of this case in various other stages till he is admitted as PR.
RV
