desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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krustycat
10-05 10:05 AM
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
hoolahoous
08-20 10:44 PM
Okay guys.. now the journey is over for me. I finally got my physical cards in mail. for some reason I never got CPO email/text. All I got decision and post decision emails. Since it had been couple of weeks since decision I was getting uneasy (because of no CPO).. but I got physical cards in mail today !
best of luck to everyone waiting.
best of luck to everyone waiting.
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newuser
09-14 07:46 AM
I am in
more...
beppenyc
10-06 11:28 AM
Dems get house and rep hold the senate (with a slim difference)
If the Dems will get the congress, they will be focus on GWB and forget Immigration reform
If the Dems will get the congress, they will be focus on GWB and forget Immigration reform
smuggymba
08-09 01:21 PM
Why fight among EB2 and EB3? EB1 should be also a part of this, that's what we are good at...right?
Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
more...
Cali2006
07-02 09:33 AM
On FedEx vehicle for delivery ;)
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mpadapa
08-27 10:28 AM
same with my spouses EAD application. My 485 is pending in NSC. Spouse's EAD pending at TSC, ND July 22 no LUD's yet..
My spouse's current EAD expires on Sep 26. Hope to get the EAD by then:confused:
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
My spouse's current EAD expires on Sep 26. Hope to get the EAD by then:confused:
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
more...
calgirl
07-21 07:39 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
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jchan
05-01 10:30 AM
Be careful what you ask for. If one day, the spouse is classified in family quota and has to wait 4 more years than you do. Is this something you really want?
more...
raidohri
05-23 04:30 PM
Can some one post all the email addresses in one place or at least tell me how to do . i am ready to do that
Nand
Nand
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vagish
07-08 12:38 PM
Previous years Oct Visa Bulletins doesn't look encouraging at all, EB-3 India moved by a week and other categories move by a month or 2. With USCIS taking huge no. of applications in june'07 the future of oct'07 seems to be pretty bleak, It is quiet depressing. We surely need this legislation of ability to file 485 even if visa dates not current.
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
more...
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SeanDell
05-30 07:43 PM
Has anyone used AVR recently coming back from Canada?
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gc_kaavaali
04-20 10:32 AM
Hi,
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
more...
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manand24
07-02 08:39 AM
Fedex sent June 29, 2007.
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by R Williams.
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by R Williams.
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kopguy
07-21 12:41 PM
I do agree severely retrogressed folks do need some concessions and I appreciate guys like Sanhari highlighting this issue. I think we should mobilize the opinion and assert it in a positive way. IV core members have a lot of experience in dealing with the DC system and USCIS let us take advantage of this so that we are not reinventing the wheel.
more...
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desi3933
07-10 03:52 PM
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
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EADplease
08-29 09:11 AM
I am sorry to ask this -- if I understand correct, LUD is last update date? What is your LUD, what does it say? Should we have LUD on I140 before anything happens to I485 application?
My I140 has been approved Aug 15, I485 is sent July 24 to TSC and I have no news about I485 yet.
Thank you for your reply.
485 Package received at NSC on July 23
No receipts, no checks cashed
I-140 approved TSC June 2007
I-140 LUD 8/12/2007
EB3 - India
PD - 8/2003
My I140 has been approved Aug 15, I485 is sent July 24 to TSC and I have no news about I485 yet.
Thank you for your reply.
485 Package received at NSC on July 23
No receipts, no checks cashed
I-140 approved TSC June 2007
I-140 LUD 8/12/2007
EB3 - India
PD - 8/2003
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newuser
05-09 08:43 AM
E-mailed the letter to white house.
http://www.whitehouse.gov/CONTACT/
http://www.whitehouse.gov/CONTACT/
anzerraja
07-20 02:48 PM
If you are asking just about this thread, yes there is a spreadsheet tracking this.
If in general, i am sorry i am not aware of anything.
Is there any way of knowing how much each user has contributed? (I am not interested in knowing about others ) but would be nice to know atleast for myself how much I contributed.
Thanks
If in general, i am sorry i am not aware of anything.
Is there any way of knowing how much each user has contributed? (I am not interested in knowing about others ) but would be nice to know atleast for myself how much I contributed.
Thanks
unitednations
03-08 06:41 PM
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.
btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.
Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.
btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.
Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).
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