Ramba
07-10 03:36 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
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simple1
05-01 01:31 PM
Thanks vbkris77. That is what I am saying.
There is no references in INA showing EB dependents must be counted in EB quota. period.
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
There is no references in INA showing EB dependents must be counted in EB quota. period.
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
desi3933
07-12 06:43 PM
.....
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
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desi3933
07-09 03:40 PM
.....
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
Thanks Chandu.
This one line summaries well what is needed for Self-Employment.
.
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
Thanks Chandu.
This one line summaries well what is needed for Self-Employment.
.
more...
sanatshah
02-14 01:23 PM
Paypal transaction ID for this payment is: 4P5189671W405652X
tonyHK12
02-19 01:33 PM
Your transaction ID for this payment is: 3MV80945BW982313X.
Thank you.
Members please reach out to other organizations, lawyers and your company to support us in this cause. I am in touch with a lawyer and will post it here, if they agree to support us.
This is an individual effort needed from everyone. More so if you are not participating in any way.
Thank you.
Members please reach out to other organizations, lawyers and your company to support us in this cause. I am in touch with a lawyer and will post it here, if they agree to support us.
This is an individual effort needed from everyone. More so if you are not participating in any way.
more...
krishnam70
07-11 07:02 PM
Are you a journalist by any chance? :D
As i mentioned in the thread Gandhigiri in one of my first posts to support the flower campaign idea.. Rosa parks was the inspiration for MLK in this country for the civil disobedience This is very similar to how Gandhiji got the idea of Satyagraha from - guess who? Kasturba Gandhi.
We need to carry on more things like this in a non-violent way at grassroots level to increase the visibility. Imagine what Gandhiji did in the 1940's with the entire media controlled by the Brits and with no other medium of communication available. We are in a far better situation right now we have access to media, can create our own blogs and we should use it to make our presence felt and highlight the injustice done to us.
As i mentioned in the thread Gandhigiri in one of my first posts to support the flower campaign idea.. Rosa parks was the inspiration for MLK in this country for the civil disobedience This is very similar to how Gandhiji got the idea of Satyagraha from - guess who? Kasturba Gandhi.
We need to carry on more things like this in a non-violent way at grassroots level to increase the visibility. Imagine what Gandhiji did in the 1940's with the entire media controlled by the Brits and with no other medium of communication available. We are in a far better situation right now we have access to media, can create our own blogs and we should use it to make our presence felt and highlight the injustice done to us.
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morchu
05-09 04:12 PM
Well... you can do nothing to bring McCain back. So there is no point in blaming Obama now.
The right thinking process should be how we can educate Obama administration, and bring him to your favor.
The right thinking process should be how we can educate Obama administration, and bring him to your favor.
more...
delhirocks
06-22 11:55 PM
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
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prem_goel
08-26 06:21 PM
I think anytime 6 months before the expiry of your current H1B extension.
So if USCIS takes an year to process my extension, what are the impacts to me after the current H-1B expires? Would I have issues in traveling?
So if USCIS takes an year to process my extension, what are the impacts to me after the current H-1B expires? Would I have issues in traveling?
more...
geesee
08-18 02:32 PM
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
You made me laugh :D
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
You made me laugh :D
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vinabath
04-23 04:38 PM
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
more...
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coolman
10-04 03:07 PM
Applied on July 19th,NSC..no news yet..
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EB3_SEP04
08-12 06:20 PM
Just got an email that EAD card production ordered
when did u file? Paper filed to Texas (as the thread title says)?
when did u file? Paper filed to Texas (as the thread title says)?
more...
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maverick_joe
05-02 03:51 PM
go EB3 go!
its high time they moved the dates in the next bulletin..my prediction
EB3 I - Nov 2002
EB3 ROW - Dec 2006
its high time they moved the dates in the next bulletin..my prediction
EB3 I - Nov 2002
EB3 ROW - Dec 2006
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panky72
08-22 03:50 PM
filed July 12th @ NSC
no receipts
no receipts
more...
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samrat_bhargava_vihari
06-18 08:53 AM
I am waiting ..
I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.
I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.
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hiUS
10-03 11:05 AM
PD 2002 Sept EB2
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
If you have any emergency to go out of country or to change jobs, you can get your passport stamped by taking an Infopass appointment or you can request IO to upload the Biometrics to TSC. you will get the card in 10 or 15 business days after uploading the biometrics. either way your GC is approved..so no worries.
My answer is depending on my experience with GC.
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
If you have any emergency to go out of country or to change jobs, you can get your passport stamped by taking an Infopass appointment or you can request IO to upload the Biometrics to TSC. you will get the card in 10 or 15 business days after uploading the biometrics. either way your GC is approved..so no worries.
My answer is depending on my experience with GC.
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akhilmahajan
02-17 10:21 AM
Come on folks, lets get the contribution campaign moving.
GO IV GO. TOGETHER WE CAN.
GO IV GO. TOGETHER WE CAN.
TomPlate
07-05 09:40 AM
Received at Lincoln, NE. Sign by Santda backin Kulcha at 12:00 AM on Sunday night.
akhilmahajan
04-23 11:38 AM
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
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