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.
wallpaper Save Me ~ Nicki Minaj
Prashant
08-27 02:13 PM
Application Sent to TSC
Mail Sent: July 2, 2007, as per Fedex received by USCIS Dallas: July 03, 2007
Checks Cashed on Friday Aug 24, 2007. Bank updated it today.
It aiint gonna be long for you folks aswell.
Cross post -- Posted under July 2nd Receipt thread .. Sorry!!
Mail Sent: July 2, 2007, as per Fedex received by USCIS Dallas: July 03, 2007
Checks Cashed on Friday Aug 24, 2007. Bank updated it today.
It aiint gonna be long for you folks aswell.
Cross post -- Posted under July 2nd Receipt thread .. Sorry!!
since1996
03-26 04:29 PM
I say i get it by 2011....if i dont....then i just suck it up and keep waiting...LOL
the worst case....I will finally ask my g/f (shes american) to marry me and apply thru her. LOL LOL
the worst case....I will finally ask my g/f (shes american) to marry me and apply thru her. LOL LOL
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sankap
07-10 12:47 PM
@desi3933:
Are you suggesting that AC-21 job does not need to be bonafide?
Then you claimed that AC-21 job does not be same/similar to labor/I-140.
Where did I say that AC-21 job does not need to be the same as I-140 petition? It's clearly a requirement on the Yates memo. "Do you even read what are you saying" (to quote you)?
Second, re "permanent" job, the Yates memo clearly doesn't say that requirement--the RFE you quoted does . Also, since no source has been able to define what a "permanent" job is, I said that ALL contract jobs and self-employment can be shown to be permanent. Surprisingly, your interpretation is that NO H-1B job is "permanent!"
Now you have changed stand on these two after seeing one RFE example.
I did not change my stand on "permanent" job--no source has been able to define what that is. So, inserting that in the EVL in case of as RFE should not be a problem.
Now, you are saying new AC-21 job does not be bonafide.
I'm not saying that the "AC-21-job does not be bona fide." You *assumed* that, which is what you need to stop in your arguments. All I asked you is, where did you read that?
Do you even read what are you saying?
.
Are you suggesting that AC-21 job does not need to be bonafide?
Then you claimed that AC-21 job does not be same/similar to labor/I-140.
Where did I say that AC-21 job does not need to be the same as I-140 petition? It's clearly a requirement on the Yates memo. "Do you even read what are you saying" (to quote you)?
Second, re "permanent" job, the Yates memo clearly doesn't say that requirement--the RFE you quoted does . Also, since no source has been able to define what a "permanent" job is, I said that ALL contract jobs and self-employment can be shown to be permanent. Surprisingly, your interpretation is that NO H-1B job is "permanent!"
Now you have changed stand on these two after seeing one RFE example.
I did not change my stand on "permanent" job--no source has been able to define what that is. So, inserting that in the EVL in case of as RFE should not be a problem.
Now, you are saying new AC-21 job does not be bonafide.
I'm not saying that the "AC-21-job does not be bona fide." You *assumed* that, which is what you need to stop in your arguments. All I asked you is, where did you read that?
Do you even read what are you saying?
.
more...
Kushal
04-22 06:20 PM
Hi Admin,
Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.
How many of you ready to donate if we raise fund to help Mehul's family?
please create a thread for donation and let us know...
Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.
How many of you ready to donate if we raise fund to help Mehul's family?
please create a thread for donation and let us know...
GCard_Dream
12-11 11:07 AM
I thought "Staying the course" was not an option anymore.. that's from the Iraq study group, democrats, and the president himself. Motto now "We need to change our tactics". :)
Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
I forgot to say that I am going full speed ahead and staying the course.
Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
I forgot to say that I am going full speed ahead and staying the course.
more...
johny
09-06 01:16 PM
No receipts yet. My file reached NSC on jul 9th. shows TSC is processing jul 2 cases. NSC is also processing some jul 2 cases.
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InTheMoment
11-21 04:03 PM
Dear Mehul,
Just sent you a PM (Private Message). Check it.
take care!
Just sent you a PM (Private Message). Check it.
take care!
more...
go9559
07-20 09:30 AM
$100 from my side
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desi3933
07-09 11:37 AM
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
more...
delhiguy79
08-01 11:11 PM
Guys,
If we r landing by road and as we dont have address and we give our friends address, right?
So do we have to give address as
My Name
C/o; Friend's name
Friend's address
Or we just give
Friend's Name
Friend's address
Please anyone can throw some light on the issue.
Thanks in advance.
If we r landing by road and as we dont have address and we give our friends address, right?
So do we have to give address as
My Name
C/o; Friend's name
Friend's address
Or we just give
Friend's Name
Friend's address
Please anyone can throw some light on the issue.
Thanks in advance.
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anzerraja
07-20 11:06 AM
Shana04,
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Nagesh
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Nagesh
more...
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raybarrone
08-13 05:02 PM
It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......
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reddog
06-08 12:50 AM
Sent May 31st to arrive June 1st - no receipt number yet. My laywer said it will take about 10 days to get receipt...
noob question: your signature states a PD of 4/04 and EB3.
How can you file your I485 now?
Am i the only one not up to date?
noob question: your signature states a PD of 4/04 and EB3.
How can you file your I485 now?
Am i the only one not up to date?
more...
pictures Nicki Minaj and Pinko Cropped
narendery
08-18 01:45 PM
I have a question from members who are getting ADIT Processing message. When did you file your I-485's? I am trying to figure out if USCIS is approving cases for those who filed recently w/o waiting for the ADIT or is it that the case was filed long time back and the previous ADIT has expired.
Thanks!
I applied for labor in July 2004 and field for I485 July 07 - I took my finger print in sep 07
Thanks!
I applied for labor in July 2004 and field for I485 July 07 - I took my finger print in sep 07
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mrajatish
05-02 11:37 AM
The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.
more...
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sweet_jungle
11-07 01:13 PM
Thanks much.
What is the email address that you sent this to?
prakash.@dhs.gov
What is the email address that you sent this to?
prakash.@dhs.gov
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avi_ny
09-04 03:39 PM
:) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.
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aquarianf
04-23 03:39 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
gcnirvana
07-20 11:59 AM
Thanks Zooom, for starting this thread. I've mentioned about IV Core's selfless service in our 'Thanks' thread couple of days ago but didn't know about the magnitude. $64k is helluva money and its just not right coming from one pocket to favor thousands of others. Aman and other core, day by day you raise above and beyond our imaginations as a leader and guide. We assure you that you will not pay another single dime from your pocket.
I pledge $100 to Reimburse the core team now and more later.
Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
I pledge $100 to Reimburse the core team now and more later.
Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
Sheetal_MA
05-01 07:00 PM
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
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