martinvisalaw
06-30 11:25 AM
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
No, you can continue working in H-1B status, assuming this has not also been denied.
No, you can continue working in H-1B status, assuming this has not also been denied.
chanduv23
09-24 04:06 PM
Jaime U Rock Dude
Please Point Mme To A Pic Of Urs From The Rally, I Am Curious To Know Who This Great Person Is :)
Please Point Mme To A Pic Of Urs From The Rally, I Am Curious To Know Who This Great Person Is :)
kartikiran
02-18 12:29 PM
If you can you should move up to EB2.
Even if it is file your spouse's I-485, what moving up means is you both can be free out of this mess.
There is no guarantee with PD dates for EB3-India moving to Dec 2001. It has not touched that date ever since retrogression was introduced. Go figure. BTW, USCIS still thinks there are thousands and thousands of apps filed before Dec 2001.
Best of luck.
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
Even if it is file your spouse's I-485, what moving up means is you both can be free out of this mess.
There is no guarantee with PD dates for EB3-India moving to Dec 2001. It has not touched that date ever since retrogression was introduced. Go figure. BTW, USCIS still thinks there are thousands and thousands of apps filed before Dec 2001.
Best of luck.
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
paritp
03-04 04:34 PM
congratulations.!!!!!!!!!!!!!!
more...
paskal
12-14 12:45 AM
for those that have not visited the MN thread under the separate forum for chapters, here is the link:
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
go_guy123
07-30 02:10 PM
This memo is under litigation....lets see the outcome and where the memo stands.
more...
Blog Feeds
12-05 09:20 PM
This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
kiran24
06-23 04:05 PM
If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
more...
apahilaj
09-12 03:25 PM
thanks guys,
I'll wait this week and will give them a call next week.
I'll wait this week and will give them a call next week.
PD_Dec2002
07-13 01:42 PM
I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
So let me summarize this so I understand well.
Your wife started work only in June 2007. But you wanted to show USCIS that your wife was actually working from Jan 2007. So you asked her employer to give pay stubs for Jan - May 2007. The employer did that (and I am guessing) without really paying you for those months. And you paid taxes (Federal and State) and SS and Medicare for those months in July.
So USCIS and IRS will both think that your wife has been working since Jan 2007 when in reality she started only in June 2007.
Thanks,
Jayant
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
So let me summarize this so I understand well.
Your wife started work only in June 2007. But you wanted to show USCIS that your wife was actually working from Jan 2007. So you asked her employer to give pay stubs for Jan - May 2007. The employer did that (and I am guessing) without really paying you for those months. And you paid taxes (Federal and State) and SS and Medicare for those months in July.
So USCIS and IRS will both think that your wife has been working since Jan 2007 when in reality she started only in June 2007.
Thanks,
Jayant
more...
s_r_e_e
08-19 03:10 PM
I believe you should send what ever you have with a good cover letter about the unavailability & about the documents submitted originally. That might turn it in to an approval soon, hopefully.
msyedy
01-24 11:09 AM
Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
more...
gk_2000
01-29 08:47 AM
Obama's point was direct. "Others come here from abroad to study in our colleges and universities. But as soon as they obtain advanced degrees, we send them back home to compete against us. It makes no sense."
He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D
You have to remember, he is talking about the present POLICIES, and what your F1 visa expects from you. Not what people may manage to do (by hook and sometimes by crook)
He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D
You have to remember, he is talking about the present POLICIES, and what your F1 visa expects from you. Not what people may manage to do (by hook and sometimes by crook)
gaurav_sh2
04-30 08:41 AM
I feel I had taken the right decision. I moved back to India in Nov 09 itself. I had a PD of feb 08 and was in EB-2 but looking at all the mess,I had decided to move back.
more...
tabletpc
08-23 02:59 PM
But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
GCWaiter03
07-27 12:51 PM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ajkastar, Where did you filed your i-485. Is it NSC?
Mine is also in the same range of PD and RD, But I filed in NSC.
Thanks,
GCWaiter03
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ajkastar, Where did you filed your i-485. Is it NSC?
Mine is also in the same range of PD and RD, But I filed in NSC.
Thanks,
GCWaiter03
more...
[uber]
04-08 02:13 PM
interesting
hope4gc
04-26 07:05 AM
I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.
leo2606
09-15 08:07 PM
andy_8214,
You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
sam_hoosier
02-12 01:42 PM
Currently its taking the same amount of time at both Nebraska & Texas service centers.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
colors
09-04 11:47 PM
I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.
Is it a problem ? Do i have to submit anything more
Please advise
Thanks in advance
Is it a problem ? Do i have to submit anything more
Please advise
Thanks in advance
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