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  • bekugc
    07-18 01:56 PM
    hello,

    MY Opinion!!

    since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).

    if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.

    1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)

    2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.

    3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
    since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.


    Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.

    :-)





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  • joydiptac
    05-18 06:44 PM
    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.





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  • nivasch
    09-21 01:02 PM
    http://news.yahoo.com/s/ap/20060921/ap_on_go_co/immigration





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  • WeShallOvercome
    10-26 03:42 PM
    My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.

    what shall I do?:confused:

    What is sh.... lawyer.. You only need a valid reason for expediting your AP application. For regular applications, they don't even have a column asking for any valid reason.

    Assuming you are applying based on your pending Employment based I-485.



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  • jliechty
    November 17th, 2004, 02:55 PM
    My first advice would be to bump up the ISO for indoor shots, so the shutter speed will be faster and you will be able to avoid blurred movement. In full auto mode, cameras may not increase the ISO above some unreasonably low number, like 400. Try going to a mode that lets you pick the ISO (program?) and set it to 1600 (with a DSLR the noise will be much less than 1600 ISO film grain, so don't be afraid to experiment).

    Not knowing about the automatic metering systems on modern cameras, I'm not able to analyze what might be throwing off the meter to cause it to underexpose, so I'll leave that up to our resident DSLR gurus. ;)





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  • 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)



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  • bluekayal
    10-21 10:02 PM
    ^^^bump ^^^^bump





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  • Sreenuuk
    08-07 09:30 AM
    Admins Please delete the thread.



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  • Libra
    08-28 10:11 AM
    guys, please contribute to DC rally in whatever way you can.





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  • royus77
    07-10 12:02 PM
    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

    To AILF/AILA,

    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?

    Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .

    VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit



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  • reddymjm
    08-04 07:52 AM
    Me too got the same email.





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  • wandmaker
    02-11 01:28 PM
    I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
    or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.

    Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.

    When they see it as their own effort they will participate more actively and make IV their website to go to and participate.

    Exactly! Long story short for those who need one liners -

    Show IV the money and participate in all action items (in a way you can) otherwise there will be (expected) surprise(s), blog all day & night and prepare yourself for 'return to home'



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  • vactorboy29
    02-24 10:05 AM
    He is the best player in cricket history. I admire his passion and dedication about cricket.
    Congratulations to all cricket lovers...

    We will remember this record all our life ...





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  • nashdel
    04-06 11:26 PM
    I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.

    He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).

    You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.

    Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.

    After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.

    However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.

    She asked me to check status on line at NEw delhi embassy website.

    Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.

    I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.

    Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.

    By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.

    Hopefully that helps you in your difficult times.



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  • glus
    11-13 11:22 AM
    Hi,
    I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:

    Dear Mr. XXXXX:

    The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
    The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.

    LMH
    Legal Net
    Visa Office
    Department of State





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  • bharol
    10-09 07:26 PM
    Anyone?

    Thanks

    They are reloading. ;)



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  • vjkypally
    08-07 11:55 AM
    Can we remove this now tht we have had our laughs:) this way we know when the real one comes out:)))





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  • coopheal
    04-23 12:16 AM
    I see no reason why you cant move to permanent offer.

    I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,

    I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer

    Details:
    Company:A for Programmer/Analyst: and 140 is approved.


    I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.

    Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.

    I am confused as to what should be my next steps:
    Can I still join them?
    What is the less risky option?
    Keep working with current company? (I haven't informed them of pending offer)
    I very much appreciate any help you can provide.





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  • ilikekilo
    03-26 02:45 PM
    Is delivery confirmation possible for PO Box addresses?


    it should be...there should be a system in place for the same...i wouldnt worry too much abt it..
    and in the past I did send with del. conf..





    eb3retro
    09-11 11:48 PM
    Folks,

    We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.

    We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...

    I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...

    Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...

    gc_mania_03

    well said gcmania, I like your attitude.





    mhtanim
    09-07 05:29 AM
    What a joke! Their system does not work so we will have to pay the price!



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