STAmisha
07-25 01:41 PM
Gurus
Plesase
Plesase
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simple1
10-07 04:03 PM
you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
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.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
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.
Munna Bhai
12-19 02:01 PM
I got 7 years of experience, i have submitted those experience letters while filing, what they are asking is that the job description is missing from experience letters.
the companies which i have worked for they no longer exists.
ofcourse that is what they want,the job description. What you have done during those 7 years. You need to put that in experience letter.
the companies which i have worked for they no longer exists.
ofcourse that is what they want,the job description. What you have done during those 7 years. You need to put that in experience letter.
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s_r_e_e
08-07 05:35 PM
We did my wife's h4 stamping when landed in canada for PR. this was 3 years ago..
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aarbi
06-27 12:46 PM
syendu1, what is your exact RD? They are processing Dec 06... knowing the date would be helpful. thanks
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bestia
07-16 10:30 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
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karanp25
07-11 01:43 PM
stop whining. I've seen your other posts as well. If u get an EAD approval, you complain. If PDs move forward, u complain.
No one is going anywhere--this is just another non-sense move - DHS has no clue how many 485 apps are pending...they just moved the dates forward to use maximum visa numbers. EB2 will be back to where it was (or worse retrogress more) after Oct'08.
It's simple math...10K visas a yr and over 160K applications pending. Go figure, how long will it take.
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
No one is going anywhere--this is just another non-sense move - DHS has no clue how many 485 apps are pending...they just moved the dates forward to use maximum visa numbers. EB2 will be back to where it was (or worse retrogress more) after Oct'08.
It's simple math...10K visas a yr and over 160K applications pending. Go figure, how long will it take.
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
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boom
08-11 12:54 PM
I am trying to fill the canadian visa application and would like to know what should I check on Question #8
a) citizen( obviously not)
b) Permanent residet
c) Temporary resident
d)Worker
e) Student(obviously not)
It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD
Need to travel to canada on Friday(08/13/2010)
Any help is appreciated.
a) citizen( obviously not)
b) Permanent residet
c) Temporary resident
d)Worker
e) Student(obviously not)
It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD
Need to travel to canada on Friday(08/13/2010)
Any help is appreciated.
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chanduv23
10-30 03:19 PM
Some pics and videos are available at
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
more to follow.
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
more to follow.
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frostrated
09-08 05:11 PM
I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
why? any reasons?
why? any reasons?
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invincibleasian
02-05 02:39 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
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desi3933
02-26 01:20 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=2f719c7755cb9010VgnVCM10000045f3d6a1 ____
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sargon
09-29 06:58 PM
USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.
If I remember well the processing dates information was more up-to-date earlier.
So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.
What can we deduce from this? Is it good? Is it bad? Or no relevance?
It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.
Simply more confusion, as if as it is we were not confused enough.
If I remember well the processing dates information was more up-to-date earlier.
So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.
What can we deduce from this? Is it good? Is it bad? Or no relevance?
It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.
Simply more confusion, as if as it is we were not confused enough.
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eldrick
07-31 04:14 PM
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
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Refugee_New
08-02 02:41 PM
write letters to congressman and fill form for ombudsman.
You should get ur GC.
I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?
I did everything except sending letter to UK Prime minister?????????
You should get ur GC.
I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?
I did everything except sending letter to UK Prime minister?????????
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redcard
07-16 09:27 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
I doubt this very much to be true...in case it is.. USCIS has a big problem in their hands.. they really need to clean up the house.. before the shi** hits the roof..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
I doubt this very much to be true...in case it is.. USCIS has a big problem in their hands.. they really need to clean up the house.. before the shi** hits the roof..
more...
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waiting4gc
06-29 01:58 PM
If you read the form, it says Alien number. If you have one, its a simple answer, USE IT. If you had one during OPT and one more on 140, you should ask your lawyer which one to use. Thats my opinion. Always consult a lawyer but as none of us are lawyers.
now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this
now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this
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Canadianindian
07-22 01:38 PM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:
Would my transfer affect my 485 processing. If yes, is there a solution?
Would my transfer affect my 485 processing. If yes, is there a solution?
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kaisersose
07-08 07:51 PM
Satyam used to have the policy of not sponsoring green cards for foreign employees in the US - except under very rare circumstances.
If you have GC plans, then Satyam may not be the place.
If you have GC plans, then Satyam may not be the place.
alldreamer
05-28 06:28 PM
Hi everybody,
Can someone show me how to adjust status of b1 visa to permanent resident in the USA. I have a friend. She has a US citizen brother who had sponsered her to the USA. However she just received the receipt notice (pending case) from USCIS. Now she is staying in the USA with the b1 visa. How can she adjust her status to get the green card?
Hope to receive your answers soon.
Can someone show me how to adjust status of b1 visa to permanent resident in the USA. I have a friend. She has a US citizen brother who had sponsered her to the USA. However she just received the receipt notice (pending case) from USCIS. Now she is staying in the USA with the b1 visa. How can she adjust her status to get the green card?
Hope to receive your answers soon.
roseball
07-10 08:54 AM
Hello,
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
You can show them I-9 form where it list EAD as acceptable document for proof of employment eligibility.
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
You can show them I-9 form where it list EAD as acceptable document for proof of employment eligibility.
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