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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panky72
06-21 08:02 PM
I have heard that USCIS is going to bring a law. Which states that if you have used AP you have to use your EAD. Or After using if you extend your H-1B than you have to go for a visa stamping. I am confuse how true is this rumor is?
any comments
Can you please tell the source of this news/rumour.
any comments
Can you please tell the source of this news/rumour.
Alabaman
04-16 08:18 AM
I signed up for recurring contributions... go IV!!
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pointlesswait
02-23 11:37 AM
my dear.. pretentious pseudo middle class desi...
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
It took a richard attenborough to show case Gandhi and it took Danny Boyle to show case Rahman's talent. as simple as that.. people who cant rejoice at this moment are sore frigging losers. end of story. :D
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
It took a richard attenborough to show case Gandhi and it took Danny Boyle to show case Rahman's talent. as simple as that.. people who cant rejoice at this moment are sore frigging losers. end of story. :D
more...
helix
06-13 03:55 PM
According to the report, there are 100K to 150K applications pending to be processed (guessing PD is current and hence includes dependents) and 500k to 750k applications expected if PD becomes current. If we assume 2.1 dependents on an average, this comes to 1M - 1.5M applications if PD is current. So is the total 1.1M - 1.65M? Does that sound right?
anilsal
11-02 09:16 AM
Less than a month ago, I got mine renewed in IL(it expires in a year). Why take a chance with all the new policies?
I got mine renewed. The lady at the counter asked the following questions:
a) Are you a registered voter?
b) Are you a US citizen?
Done.
Got it till 2011.
I got mine renewed. The lady at the counter asked the following questions:
a) Are you a registered voter?
b) Are you a US citizen?
Done.
Got it till 2011.
more...
McLuvin
03-26 02:47 PM
this is the highlight thread of the month... every month... this is the exciting, nail biting, end of the stick excitement that keeps me on this site forever... really...
The best way to put it is...
This thread is like the last ball chetan Sharma bowled to javid Maindad, and india lost....
I mean we know that the dates are not going to move by miles... still we keep the lights on... :D
The best way to put it is...
This thread is like the last ball chetan Sharma bowled to javid Maindad, and india lost....
I mean we know that the dates are not going to move by miles... still we keep the lights on... :D
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ardnahc
08-10 11:28 PM
if the bulletin is true then F2A India moved ahead by 10 months.
more...
sheela
07-19 10:59 AM
EB2, Jul 02, NSC: 7.55
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unseenguy
08-10 08:51 PM
Good attitude guys. Its kind of funny to see the eternal optimists play the game again for 4 years since the retrogression has kicked in to kick us out. :) All the best guys!
more...
ajay
05-13 12:16 PM
We stay in Northern Virginia around 25 miles to DC. We will be happy to host any guests who are willing to stay with us during their trip to DC.
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chi_shark
08-04 05:24 PM
Dude, i think you are thinking too much of it. USCIS is NOT an organization that goes by process.
No intention of harm or personal flame... i just wanted to show how a statement of exactly opposite nature can also sound equally plausible.
Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. ............
No intention of harm or personal flame... i just wanted to show how a statement of exactly opposite nature can also sound equally plausible.
Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. ............
more...
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forgerator
12-30 10:12 PM
You can still get promoted while on H1B just don't give up hope. If you're not getting promoted even if you're performing well, then there's something fishy going on with your employer.
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gc101
07-18 09:50 AM
Ask her to come back immediately to the US and go to the local court and get married. It is a simple solution.
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married before Sept 2007, then, what are my options?
Thank you,
gc101.
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married before Sept 2007, then, what are my options?
Thank you,
gc101.
more...
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scorpion00
04-21 12:01 AM
I donated $25 on Friday. How do I become a donor? I sent email to info@immigrationvoice.org but no response yet
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alapkd
09-06 02:49 PM
Just for ALKPD....
I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.
You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.
My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.
if the difference is really that big than seriously i fail to understand it, they might be accounting for lot of other things like travel expense and other benefits that they might be providing but if the spread is as big as you are saying then it surely does not make sense. if this has anything to do with SOX then consulting company might be guaranteeing lot of things and might have legal liabilities if that is not the case then it is unexplainable.
although i strongly refute the possibility that hiring managers are eating money because just like any beauracracy few guys cant keep benefiting without sharing the benefits and no descent company will tolerate that kind of culture there could be isolated instances but when they are found out they are very severely punished and their life becomes that of a dog running from here to there because in most industries if you are working for a certain domain people know each other and reputation travels faster than light especially bad reputation.
I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.
You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.
My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.
if the difference is really that big than seriously i fail to understand it, they might be accounting for lot of other things like travel expense and other benefits that they might be providing but if the spread is as big as you are saying then it surely does not make sense. if this has anything to do with SOX then consulting company might be guaranteeing lot of things and might have legal liabilities if that is not the case then it is unexplainable.
although i strongly refute the possibility that hiring managers are eating money because just like any beauracracy few guys cant keep benefiting without sharing the benefits and no descent company will tolerate that kind of culture there could be isolated instances but when they are found out they are very severely punished and their life becomes that of a dog running from here to there because in most industries if you are working for a certain domain people know each other and reputation travels faster than light especially bad reputation.
more...
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mvinayam
07-23 10:33 AM
HI,
PD : March 2006
Category : EB3
I140 - Approved
I485 - Filied on July 2 10.25pm
Regds
Mv
PD : March 2006
Category : EB3
I140 - Approved
I485 - Filied on July 2 10.25pm
Regds
Mv
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tooclose
08-11 10:48 AM
Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)
Take an info pass appointment to get more details if it is close to you.
I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.
Take an info pass appointment to get more details if it is close to you.
I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.
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sameer2730
02-06 06:52 PM
Vinod,
As mentioned earlier in this thread send an email to info@immigrationvoice.com with your details.
Sameer
As mentioned earlier in this thread send an email to info@immigrationvoice.com with your details.
Sameer
vin13
07-31 08:44 AM
This would be the last visa bulletin for this year. The dates should move just like they did last year to consume all numbers.
Hopefully when the dates move, it moves with all pre-adjudicated applicants within the cut off date get their GC and not a lottery. That should hopefully bring some order to the system. Let us see.
Hopefully when the dates move, it moves with all pre-adjudicated applicants within the cut off date get their GC and not a lottery. That should hopefully bring some order to the system. Let us see.
sayantan76
09-22 12:20 PM
I agree that asking for complicated changes is a pain. But after meeting the lawmakers, I realized that this is the BEST way. Even the lawmakers agree and attest to this.
You are doing a reality check without even being there. Which, let's face it, is not really a reality check. It is more of your opinion and assumption.
Lets also not confuse facts vs opinions. The fact is that meeting lawmakers and educating them about our point of view is the key to this whole GC mess.
Let me ask you a simple question. What CAN be the "perceived benefit" from a rally like this that would make you think that it would be worth attending? Is it something like a guarantee for a GC in 2 months or a bill that passes next month that does everything we legals want? What is it?
Bringing attention to lawmakers about our plight. Bringing the issue right up to the Capitol. Bringing the issue up for even discussion in the various immigration meetings that are held every other day. Are these benefits not important enough for you?
appreciate your comments - but as i said in my post clearly that I accept the probability that my views are wrong.....
""on the other hand if one day it so transpires that this rally was the historic starting point of major immigration reforms triggered by a group of pioneering individuals - i would have no choice but to eat my words and hang my head in shame that i did not attend.............""
But look at it this way......i already have my GC but i share the pain and frustration of folks who do not..if a 7 month wait process for me was frustrating - i can understand what a 7 year process would be to others like me....if people who are waiting saw the utility of the rally....there would have been more than 2,000 in DC.........but clearly they did not.......i was willing to give it a shot - but unfortunately could not and did not want to specifically postpone something else to make it to DC.......
People have been quoting Gandhi and his South Africa protests.........those were different times and different issues.........colonialism, racial discrimination etc.......if the american govt is non-responsive to the demand from 60% of its own citizens to withdraw from Iraq - how can we realistically expect it to react with super haste to our requests....besides gandhi had the courage to stand up to police brutality, get arrested etc.....in today's days and age - as white collared professionals - do we have the guts and will to do that? For example - we cannot even strike (non cooperation/ civil disobedience movement)....because we get paid by our respective private sector employers.....and our grudge is against the Govt - who do we strike against......?? and if we do strike or court arrest or adopt other forms of civil protest and by chance run up a police record in the process.......who would employ us in the future...in Gandhi's days - they did not have electronic background checks......!!
Another take - if US can have an endless source of temporary workers coming in, paying into income tax and social security taxes and medicare taxes for a few years......and going back without claiming a single dime of social benefits......its the best possible situation for US....a forever young, qualified, minimum wages (i.e prevailing wages) earning tax paying transient population supporting/ subsidizing an archaic and otherwise struggling social security and healthcare system.
another point people have been harping on (apologies for bringing this up but this is my only pet peeve amongst all the other wise great things that happen on this forum).......america's competitiveness and risk of reverse brain drain........personally - i think most people dont care two hoots about these issues - these messages and slogans are not out of a new found love for america but to create a nice "politically correct shield" for people's own private agendas (and the collective agenda of all of us) - to get a GC. Are we here to improve america's competitiveness (if that was the primary purpose of our coming here - shame on us for not staying back and improving our respective motherlands' competitiveness) or our own future - if the latter - lets call a spade a spade.........
so - whats the "so what" from my post? is it to critique what IV is doing - no! The "so what" is - unless there are drastic and dramatic measures - concrete changes are not possible........small procedural victories - maybe........drastic change.....no way!
just to take the "popular" Gandhian analogy a step further......There was Home Rule League and Congress in existence in India for a long time.....their objective was to petition the British Govt for small changes........and their ultimate goal was to get dominion status for india......only when Gandhi came on board plus supporters of other proactive forms of protest.....like Subhash Bose.....Tilak etc and the armed freedom struggle started (Bhagat Singh, Azad et al)......did Congress wake up and ask for "purna swaraj" (complete independence).......so from 1885 (founding of congress) to 1930 (Lahore Session of Congress when purna swaraj declaration was made) - nothing happened......british empire went from strength to strength.......then in 17 years - India got independence.......
pl think about what i wrote objectively......and dont jump on me just because i am playing devil's advocate
You are doing a reality check without even being there. Which, let's face it, is not really a reality check. It is more of your opinion and assumption.
Lets also not confuse facts vs opinions. The fact is that meeting lawmakers and educating them about our point of view is the key to this whole GC mess.
Let me ask you a simple question. What CAN be the "perceived benefit" from a rally like this that would make you think that it would be worth attending? Is it something like a guarantee for a GC in 2 months or a bill that passes next month that does everything we legals want? What is it?
Bringing attention to lawmakers about our plight. Bringing the issue right up to the Capitol. Bringing the issue up for even discussion in the various immigration meetings that are held every other day. Are these benefits not important enough for you?
appreciate your comments - but as i said in my post clearly that I accept the probability that my views are wrong.....
""on the other hand if one day it so transpires that this rally was the historic starting point of major immigration reforms triggered by a group of pioneering individuals - i would have no choice but to eat my words and hang my head in shame that i did not attend.............""
But look at it this way......i already have my GC but i share the pain and frustration of folks who do not..if a 7 month wait process for me was frustrating - i can understand what a 7 year process would be to others like me....if people who are waiting saw the utility of the rally....there would have been more than 2,000 in DC.........but clearly they did not.......i was willing to give it a shot - but unfortunately could not and did not want to specifically postpone something else to make it to DC.......
People have been quoting Gandhi and his South Africa protests.........those were different times and different issues.........colonialism, racial discrimination etc.......if the american govt is non-responsive to the demand from 60% of its own citizens to withdraw from Iraq - how can we realistically expect it to react with super haste to our requests....besides gandhi had the courage to stand up to police brutality, get arrested etc.....in today's days and age - as white collared professionals - do we have the guts and will to do that? For example - we cannot even strike (non cooperation/ civil disobedience movement)....because we get paid by our respective private sector employers.....and our grudge is against the Govt - who do we strike against......?? and if we do strike or court arrest or adopt other forms of civil protest and by chance run up a police record in the process.......who would employ us in the future...in Gandhi's days - they did not have electronic background checks......!!
Another take - if US can have an endless source of temporary workers coming in, paying into income tax and social security taxes and medicare taxes for a few years......and going back without claiming a single dime of social benefits......its the best possible situation for US....a forever young, qualified, minimum wages (i.e prevailing wages) earning tax paying transient population supporting/ subsidizing an archaic and otherwise struggling social security and healthcare system.
another point people have been harping on (apologies for bringing this up but this is my only pet peeve amongst all the other wise great things that happen on this forum).......america's competitiveness and risk of reverse brain drain........personally - i think most people dont care two hoots about these issues - these messages and slogans are not out of a new found love for america but to create a nice "politically correct shield" for people's own private agendas (and the collective agenda of all of us) - to get a GC. Are we here to improve america's competitiveness (if that was the primary purpose of our coming here - shame on us for not staying back and improving our respective motherlands' competitiveness) or our own future - if the latter - lets call a spade a spade.........
so - whats the "so what" from my post? is it to critique what IV is doing - no! The "so what" is - unless there are drastic and dramatic measures - concrete changes are not possible........small procedural victories - maybe........drastic change.....no way!
just to take the "popular" Gandhian analogy a step further......There was Home Rule League and Congress in existence in India for a long time.....their objective was to petition the British Govt for small changes........and their ultimate goal was to get dominion status for india......only when Gandhi came on board plus supporters of other proactive forms of protest.....like Subhash Bose.....Tilak etc and the armed freedom struggle started (Bhagat Singh, Azad et al)......did Congress wake up and ask for "purna swaraj" (complete independence).......so from 1885 (founding of congress) to 1930 (Lahore Session of Congress when purna swaraj declaration was made) - nothing happened......british empire went from strength to strength.......then in 17 years - India got independence.......
pl think about what i wrote objectively......and dont jump on me just because i am playing devil's advocate
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