abe1
12-27 12:07 AM
Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
wallpaper A collection of Graffiti
pankajkakkar
03-01 06:46 PM
I'd like to join the conference call as well.
gcformeornot
01-09 04:03 PM
Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?
applies to general legal immigrant population.
applies to general legal immigrant population.
2011 digital graffiti styles 3d
ilikekilo
06-11 06:14 PM
again u r out of ur mind
more...
daishwarya
07-23 03:05 PM
Yes. I am from VSG too...I left VSG in 2008. I don't know anybody who got approval...
EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
more...
govind440
08-29 10:28 PM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
2010 digital graffiti 3d
vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
more...
eyeopeners05@yahoo.com
06-02 03:59 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
hair 3D GRAFFITI
lskreddy
08-22 03:48 PM
Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!
Were you kidding or serious? You just quoted the very same name that guy is to avoid.
Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
Were you kidding or serious? You just quoted the very same name that guy is to avoid.
Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
more...
Anders �stberg
March 15th, 2004, 04:30 AM
I'm a geek and like tech toys a lot, but when it comes to phones I just want it to be a good phone. I don't want it to include a poor PDA, or a lousy camera. I can see how it could be handy for some people and a fun toy for others, but personally I prefer to carry separate and fully functional phone, Palm Pilot and camera. It's great if they communicate though. I did get a new phone recently because I like the Bluetooth concept, for a wireless headset and for dial-up from my Palm or laptop. Other than that I don't like any of the new features yet. On top of being fiddly to use and low quality the prices here for using any picture or video based services are silly. It also often requires you to sign up for at least a year with a phone that's locked to a specific operator, even after the contract expires, a business model I really don't like.
hot Pink 3D Graffiti Alphabet Art
andycool
11-10 06:39 AM
Hello gurus,
I have one doubt abt requirements to port EB2.
my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?
thanks a lot for your help
Your Lawyer is wrong....EB2 is for your current employment it has nothing to do with your previous PD .
IMHO...it was like that for Labor Substitution case ...But for new EB2 Application its not needed...find a good Lawyer.
thanks
I have one doubt abt requirements to port EB2.
my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?
thanks a lot for your help
Your Lawyer is wrong....EB2 is for your current employment it has nothing to do with your previous PD .
IMHO...it was like that for Labor Substitution case ...But for new EB2 Application its not needed...find a good Lawyer.
thanks
more...
house 3d graffiti art.
ragz4u
04-13 09:58 AM
So total is 90 days after Prez signs (normal for every bill) + 90 days (sessions amendment) = 6 months
tattoo graffiti art alphabet.
gconmymind
09-29 03:35 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
Hope there are a few more approvals today and tomorrow before dates retrogress...
Hope there are a few more approvals today and tomorrow before dates retrogress...
more...
pictures The best digital 3d graffiti
larryking
10-23 07:30 PM
Deall All,
Thanks for your replies...i hope you gurus can shed some light into my situation:
labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008
Here are my questions:
1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)
2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?
3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?
4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?
Thanks for your replies.
Thanks for your replies...i hope you gurus can shed some light into my situation:
labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008
Here are my questions:
1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)
2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?
3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?
4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?
Thanks for your replies.
dresses DAIM#39;s 3D graffiti is so far
GooblyWoobly
07-18 06:25 PM
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.
If you are not planning on using EAD and she won't either then she needs to change status to H4.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
If you are not planning on using EAD and she won't either then she needs to change status to H4.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
more...
makeup Blu Sky 3D Digital Art
sangeethak31
07-13 11:44 PM
Cool..Thanks for all the responses.
I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.
Thanks,
Sangeetha K
I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.
Thanks,
Sangeetha K
girlfriend All the graffiti is digitally
amit79
04-13 12:26 PM
gconmind has nailed it perfectly.
hairstyles 3d Graffiti #39;Symptoms-02
uumapathi
09-30 10:48 AM
r u from NBKRIST?
What is NBKRIST?
What is NBKRIST?
gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
qualified_trash
09-21 11:01 AM
joozz.......
do not worry about where the lawyer is located. immigration law is under federal jurisdiction.
pick a good lawyer (www.murthy.com, www.shahandkishore.com, www.immigration.com) and go with them
do not worry about where the lawyer is located. immigration law is under federal jurisdiction.
pick a good lawyer (www.murthy.com, www.shahandkishore.com, www.immigration.com) and go with them
No comments:
Post a Comment