jkays94
10-03 01:32 PM
I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...
well! best of luck to you guys! go on sharing your stories.
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
well! best of luck to you guys! go on sharing your stories.
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
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a1b2c3
09-29 04:41 PM
Guess What from NOV - 08 to July 09, the VB will have older Cut off dates and after July 09 DOS will open the flood gate and move the cutoff of to 2007 or even 2008.
USCIS will start approve the cases with later PD's and the leave the older PD's on the air.
It is a mess. I don't have any trust in USCIS
There are 3 work categories,
at least 3 queues each for three stages.
the first queue had at one time, rir, regular and then bec, perm added to the mix.
EB portings.
07/07 havoc
name check delays.
a single queue at the end.
bottomline, PD monthly graph is arbitrary.
if your PD remains current for at least three months in a row and everything else is clear, there is good chance you are out of the pipeline.
USCIS will start approve the cases with later PD's and the leave the older PD's on the air.
It is a mess. I don't have any trust in USCIS
There are 3 work categories,
at least 3 queues each for three stages.
the first queue had at one time, rir, regular and then bec, perm added to the mix.
EB portings.
07/07 havoc
name check delays.
a single queue at the end.
bottomline, PD monthly graph is arbitrary.
if your PD remains current for at least three months in a row and everything else is clear, there is good chance you are out of the pipeline.
srinivas_o
07-09 10:15 AM
Hi,
I have tried to find out my labor info from this web site and I could not.
My PD is Aug 2004/EB3 and the labor is approved by Dallas Backlog Center around Jan 2007. Which year file do you think I can find my labor info from this web site?
You can find everything about your Labor stuff from here - www.flcdatacenter.com
Good luck!
I have tried to find out my labor info from this web site and I could not.
My PD is Aug 2004/EB3 and the labor is approved by Dallas Backlog Center around Jan 2007. Which year file do you think I can find my labor info from this web site?
You can find everything about your Labor stuff from here - www.flcdatacenter.com
Good luck!
2011 icc-cricket-world-cup-2011-
ivslave
09-11 10:28 PM
I am on H1-B, Can I buy 2 underwears? It will cost me 3 dollars in WalMart. Please vote...it is really critical!
you will consult friends when you are making big decisions like this......
you will consult friends when you are making big decisions like this......
more...
Macaca
08-13 09:33 PM
I am posting the sheet. It is a rough draft. We will revise it tomorrow. I will keep revising it in place tomorrow, so please keep checking!
Please post comments preferably supported by URL based facts. Thanks!
Please post comments preferably supported by URL based facts. Thanks!
bkarnik
11-15 02:59 PM
http://www.migrationinformation.org/USfocus/display.cfm?id=651
Interesting highlights:
Employment based immigration : 159,081 in 2006 of which 55.1% were dependents.
Members interested in Statistics are welcome to peruse the Yearbook for the proportion of each country and then extrapolate it out to when their respective dates will be current (I am sure it will not be a pretty picture for India and China)
The report is for the period October 1, 2005 through September 30, 2006. Of the 159,000 or so mentioned above, 36,960 were EB1, 21,911 were EB2 and 89,922 were EB3 (I guess this number includes the 50,000 that were recaptured and given to nurses).
Of these numbers, 32060; 20939 and 60390 were AOS.
Furthermore, of the AOS cases, 18959; 10708 and 29537 were spouses oand children in the respective categories.
AND FOR THE KICKER:
total EB persons from India in 2006 : 17169 and 9484 from China ONLY! (includes spouses and children) with the honor going to Philippines at 23733!
Enjoy and have a great holiday ;)
Interesting highlights:
Employment based immigration : 159,081 in 2006 of which 55.1% were dependents.
Members interested in Statistics are welcome to peruse the Yearbook for the proportion of each country and then extrapolate it out to when their respective dates will be current (I am sure it will not be a pretty picture for India and China)
The report is for the period October 1, 2005 through September 30, 2006. Of the 159,000 or so mentioned above, 36,960 were EB1, 21,911 were EB2 and 89,922 were EB3 (I guess this number includes the 50,000 that were recaptured and given to nurses).
Of these numbers, 32060; 20939 and 60390 were AOS.
Furthermore, of the AOS cases, 18959; 10708 and 29537 were spouses oand children in the respective categories.
AND FOR THE KICKER:
total EB persons from India in 2006 : 17169 and 9484 from China ONLY! (includes spouses and children) with the honor going to Philippines at 23733!
Enjoy and have a great holiday ;)
more...
mnq1979
06-10 02:41 PM
Thanks, i managed to open a new thread !!!!
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bebar
01-15 09:26 PM
My PD has been current quite a few times since 06/2007. Last time when I called TSC, my NC was still pending. My FP was done during 07/07 and I heard from some one in this thread that FP is valid for 15 months only. So what should I do now. Should I go for an infopass and take an FP appointment ? Guys please advise.
more...
chantu
03-13 12:07 PM
Our state is like Indian farmers. Indian farmers look for rain in July, August and september for good harvest...we look for July, Aug and Sept for good visa bulletin. Government will not do anything for hard working farmers in India and here for hard working professionals.
hair cricket world cup 2011 logo
ameryki
08-26 05:46 PM
i just saw this on sahara one..the commisioner of DOT of NJ is a desi.....
more...
s416504
07-20 03:16 PM
Delivered July 2 @11:34 USPS
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memyselfandus
08-05 10:18 AM
Justaju jiski thi, usko to na paya humne..
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
Roughly it translates to;
Justaju jiski thi, usko to na paya humne..
The person/object whom I was desiring to get it, not achieved it,
Is bahane magar dekh li duniya humne.
Due to this desire, atleast I have seen the world in its true colors
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
Roughly it translates to;
Justaju jiski thi, usko to na paya humne..
The person/object whom I was desiring to get it, not achieved it,
Is bahane magar dekh li duniya humne.
Due to this desire, atleast I have seen the world in its true colors
more...
house World+cup+2011+cricket
IMGPAT
07-06 11:15 AM
My lawyer is saying that even if you want to file I-485 now, the USCIS has advised Fedex and UPS not to deliver any mail to that PO BOX. In that case I am not sure how one could become member of the class action law suit.
tattoo Cricket World Cup 2011 is near
sandy_anand
04-19 10:27 AM
we will see more of this as elections near..
Agree!
Agree!
more...
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lazycis
12-31 10:42 AM
dont want to judge ur sentiments, but think about this.
if GOD only cares abt people who constantly praises god, then muslim countries should do way way better :D they pray so many times a day. nobody follows religion and GOD like muslims do :D, not even hard core christians :D. even hindus pray a lot. US growth is clearly not due to the things u mentioned :D. its due to their relentless pursuit of growth. along with GOD US also believes in 'free will'. btw, i am not atheist, but just AGNOSTIC.
How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?
Here are some facts from the American history about God's protection over this land:
During July/August 1776 the British sailed some 450 warships and support ships into the New York Harbor to quell the rebellion in the Colonies. These ships contained some 32,000 troops (British and Hessians) as well as 10,000 seamen. This was one or the largest armadas ever assembled in the New World. This awesome sight caused alarm among the citizens of New York and the 20,000 rag-tag citizen army gathered to defend their freedoms.
"And there had been an incident that deeply troubled the German soldiers. On a hot August night, just before they went into action, hundreds of British and Germans had sat around an enormous bonfire, laughing and cheering while four rebel leaders were burned in effigy. The figures of John Witherspoon, President of the College at Princeton, and ' Generals Washington, Israel Putman, and Charles Lee had just been set afire when a wild thunderstorm suddenly interrupted the fun."
'The soldiers dashed for whatever shelter they could find, and after the rain had passed, some of the men returned to the vicinity of the bonfire to discover that three of the dummies had been consumed by the flames but the effigy of George Washington remained intact, as good as it ever was. The symbolism was not lost on the foreigners; as a British deserter relayed the story, the incident caused a great deal of fear among the Hessian troops, most of whom are very superstitious."
Within twenty-four hours of the bonfire incident, an attack was launched against Washington and his troops on Long Island. The results of which gave the Hessians even more to ponder. The British naval forces attempted to sail up the Long Island sound where they would unload some of their forces and then launch an attack on land, placing Washington and his forces in a pincer trap. However for 24 hours they were unable to sail their ships up the sound because of high winds and waves. Not to be deterred by this they went ahead and launched their land forces and started their advance up Long Island confident that within several days "this ugly little conflict would be over." By dusk they had driven the Americans and beaten them to the point that the British Commander felt that, "On the morrow he would quickly and decisively end the conflict."
The British could hear the Americans digging their trenches and setting their camps since the prevailing wind was in their favor. However, later in the evening the winds reversed and allowed the Americans to hear the British. Then it started to rain and later that evening a dense fog settled over Long Island. (In August?) Washington had earlier recognized the potential dilemma and requested that boats be gathered in preparation for a retreat should it prove necessary. After the fog settled in, Washington's troops, animals and hardware were ferried across the sound to New York under the cover of the dense fog without being detected. This was done in spite of the fact that they were within shouting distance of the British and Hessians. Early the next morning the British started their advance, only to discover that the rebels had successfully moved out under cover of the fog and darkness. It is hard to imagine a more visible demonstration of Providence's hand than all the incidents surrounding this event.
(The Winter Soldiers, by Richard M. Ketchum, 1973, pp; 107-110)
if GOD only cares abt people who constantly praises god, then muslim countries should do way way better :D they pray so many times a day. nobody follows religion and GOD like muslims do :D, not even hard core christians :D. even hindus pray a lot. US growth is clearly not due to the things u mentioned :D. its due to their relentless pursuit of growth. along with GOD US also believes in 'free will'. btw, i am not atheist, but just AGNOSTIC.
How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?
Here are some facts from the American history about God's protection over this land:
During July/August 1776 the British sailed some 450 warships and support ships into the New York Harbor to quell the rebellion in the Colonies. These ships contained some 32,000 troops (British and Hessians) as well as 10,000 seamen. This was one or the largest armadas ever assembled in the New World. This awesome sight caused alarm among the citizens of New York and the 20,000 rag-tag citizen army gathered to defend their freedoms.
"And there had been an incident that deeply troubled the German soldiers. On a hot August night, just before they went into action, hundreds of British and Germans had sat around an enormous bonfire, laughing and cheering while four rebel leaders were burned in effigy. The figures of John Witherspoon, President of the College at Princeton, and ' Generals Washington, Israel Putman, and Charles Lee had just been set afire when a wild thunderstorm suddenly interrupted the fun."
'The soldiers dashed for whatever shelter they could find, and after the rain had passed, some of the men returned to the vicinity of the bonfire to discover that three of the dummies had been consumed by the flames but the effigy of George Washington remained intact, as good as it ever was. The symbolism was not lost on the foreigners; as a British deserter relayed the story, the incident caused a great deal of fear among the Hessian troops, most of whom are very superstitious."
Within twenty-four hours of the bonfire incident, an attack was launched against Washington and his troops on Long Island. The results of which gave the Hessians even more to ponder. The British naval forces attempted to sail up the Long Island sound where they would unload some of their forces and then launch an attack on land, placing Washington and his forces in a pincer trap. However for 24 hours they were unable to sail their ships up the sound because of high winds and waves. Not to be deterred by this they went ahead and launched their land forces and started their advance up Long Island confident that within several days "this ugly little conflict would be over." By dusk they had driven the Americans and beaten them to the point that the British Commander felt that, "On the morrow he would quickly and decisively end the conflict."
The British could hear the Americans digging their trenches and setting their camps since the prevailing wind was in their favor. However, later in the evening the winds reversed and allowed the Americans to hear the British. Then it started to rain and later that evening a dense fog settled over Long Island. (In August?) Washington had earlier recognized the potential dilemma and requested that boats be gathered in preparation for a retreat should it prove necessary. After the fog settled in, Washington's troops, animals and hardware were ferried across the sound to New York under the cover of the dense fog without being detected. This was done in spite of the fact that they were within shouting distance of the British and Hessians. Early the next morning the British started their advance, only to discover that the rebels had successfully moved out under cover of the fog and darkness. It is hard to imagine a more visible demonstration of Providence's hand than all the incidents surrounding this event.
(The Winter Soldiers, by Richard M. Ketchum, 1973, pp; 107-110)
dresses Cricket World Cup logos 2011
senthil
02-23 01:45 AM
ARR - great inspiration
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makeup ICC Cricket World Cup 2011
GotGC??
06-28 01:19 PM
does this mean that i cannot get a 3 yr extension based on approved I-140 pp? My labor is not pending for 365 days and so I am solely depending on I-140 approval for a 3 yr extension. I am filing i-140 and i-485 concurrently before July 5...will this give me an EAD option even if 140 takes longer to get approved?
This only applies to pending or new 140s; if you have a approved 140 it does not affect you.
One could get a 3 year extension on the basis of a approved 140 only if the PD is not current; since the PD will be current starting July, you'll get only a 1 year extension.
This only applies to pending or new 140s; if you have a approved 140 it does not affect you.
One could get a 3 year extension on the basis of a approved 140 only if the PD is not current; since the PD will be current starting July, you'll get only a 1 year extension.
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GCtogo
09-24 01:42 PM
Hello Gurus,
I am also in the same situation. Last week, My desi employer gave me a deadline to find a project after which he will lay me off. On the same day my concurrently filed I-140(July 07 filed) was approved. I have also applied for EAD renewal. My approved H-1B petition has two more years. Now I am focussed more on finding a full time position. If I get one, should I ask the new company to transfer my H-1B visa or should I be using the EAD once I get it? What do you Gurus recommend? Any information on this will be really helpful for me in making up my mind.
My details:
PD: May 30th, 2006
EB2 India
Thanks
I am also in the same situation. Last week, My desi employer gave me a deadline to find a project after which he will lay me off. On the same day my concurrently filed I-140(July 07 filed) was approved. I have also applied for EAD renewal. My approved H-1B petition has two more years. Now I am focussed more on finding a full time position. If I get one, should I ask the new company to transfer my H-1B visa or should I be using the EAD once I get it? What do you Gurus recommend? Any information on this will be really helpful for me in making up my mind.
My details:
PD: May 30th, 2006
EB2 India
Thanks
hairstyles wallpaper Cricket World Cup
ganguteli
03-22 11:39 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
logiclife
01-12 01:32 PM
You can send a paper check in mail, the address is on the "Why Contribute?" link on the home page.
If you want to send an e-check, then paypal has that facility.
Also, if you want to talk to someone before you send the check so that you can feel comfortable, then feel free to call us. The phone number is listed on "Contact Us" menu.
--logiclife.
If you want to send an e-check, then paypal has that facility.
Also, if you want to talk to someone before you send the check so that you can feel comfortable, then feel free to call us. The phone number is listed on "Contact Us" menu.
--logiclife.
gunabcd
06-28 03:57 PM
This is not good. My PERM labor is stuck in Atlanta, I was hoping to apply I-140 pp since my 6th year H1 is expiring Dec, 07. If I can get my I-140 approved then I'll have to leave.
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
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