iam4u4ever
09-29 04:31 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
By self employment I mean Starting a business of my own and working for it. ?
Also what if ( a big if ) somebody has an already existing profit making business and wants to work for it ?
thanks
By self employment I mean Starting a business of my own and working for it. ?
Also what if ( a big if ) somebody has an already existing profit making business and wants to work for it ?
thanks
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eb3_2004
03-25 07:36 PM
I am EB3 India--OCt 2004...My hopes are dwindling...let's see...
sankap
07-09 08:35 PM
Desi393, FinalGC, Ramba:
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, is a "legitimate" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, is a "legitimate" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
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sb15
08-25 10:33 AM
When i initially got RFE, i didn't know at that time that there were already few H1-B's denied from my company. I believe last year when CSC started processing H1-B's they issued RFE's to lot of companies. Most of them got through even though they had few issues but unfortunately my ex-employer got caught and they have denied majority of extensions and new petitions with the reasons i have mentioned before. Till that time, i didn't had much knowledge about the process. I thought i was safe coz my W-2's were almost double the amount that stated on the labor and i was employed, i have provided all the client details, PO and everything. Inspite of that, my extension was denied. Coming to your questions, i have moved out of the company after 6 months of my 485 filing. I haven't filed any H1-B, No AC21(just change of attorney) and i also have an another 140 pending with my new employer and i don't think that 140 is going to work coz there are lot of complexities. Talk to your employer about this. Are you the only person in this situation or anyone else with you in your company. Are there any other petitions that are recently being approved or denied? He is the right person who can tell you about your petition. If you think your employer is not that good by sticking with all the rules,you still have time to move to another company. Even if your petition gets denied, if you want to maintain H1-B status, you can still do that, but there is little bit of extra money involved to get back on to it.
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
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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.
dealsnet
03-26 10:58 AM
Nma check is history now. After filed I-485, and 180 days passed, name check is not a factor for GC. If your NC is pending, still they issue you a GC.
Are you not reading news papers???????????
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Are you not reading news papers???????????
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
more...
manchala
11-19 09:39 AM
Done and I got it done with few friends also.
I will try contacting them today and will keep u posted..
Best..
RV
I will try contacting them today and will keep u posted..
Best..
RV
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H1B-GC
07-24 09:10 AM
Paper filed on June 19, 2008 (Renewal)
Service center: TSC
Approved : July 18th '08
Card Received : July 23rd
2 year EAD Approved :)
Start date :Sept 2008 - Sep 2010
Service center: TSC
Approved : July 18th '08
Card Received : July 23rd
2 year EAD Approved :)
Start date :Sept 2008 - Sep 2010
more...
vijjus
12-11 11:38 AM
While it is true that both husband and wife working is a desirable goal, I think we must also consider senthil1's comment above. I personally know desi consulting companies that have placed people on B1 visa, altered resumes to overstate experiences etc. If the rednecks have brought a bad name to the whites, desi consulting companies surely have given Indian immigrants (specially in the SW sector) a bad name. As part of our current effort to voice our issues, we must also look at where we might have gone wrong.
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lost_in_migration
05-01 04:36 PM
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
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coolngood4u80
02-25 09:31 PM
thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
could be Plainspeak
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
could be Plainspeak
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Znan
09-02 11:03 PM
My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.
Thanks,
znan
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
Thanks,
znan
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
more...
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paragpujara
01-07 08:13 AM
I also did the same thing. I got the scan copies from my lawyer. Print out will work (IO will verify yr name on receipt with yr photo Id).
Good Luck and lemme know if you need any further help.
Thanks Parag, your post is helpful.
One quick question - I do not have original 485 receipts with me but have scanned copies of them which my lawyer has emailed me. If I print them out and take them to the infopass, is that sufficient or do they ask for the original receipts?
Thanks and good luck ahead!
Good Luck and lemme know if you need any further help.
Thanks Parag, your post is helpful.
One quick question - I do not have original 485 receipts with me but have scanned copies of them which my lawyer has emailed me. If I print them out and take them to the infopass, is that sufficient or do they ask for the original receipts?
Thanks and good luck ahead!
tattoo Padma Lakshmi#39;s straight, long
kumar1
01-31 07:59 PM
Desi3933 - Thank you for sharing this link. Now I totally believe it.
As promised before, now after looking at DOL web site, I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
As promised before, now after looking at DOL web site, I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
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ramus
07-07 10:17 PM
Please mention how many members from family..
IF we get minimum 1000 then we can talk to core members.
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
IF we get minimum 1000 then we can talk to core members.
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
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ski_dude12
08-25 07:42 PM
Not my case. It is being actively being processed. That was the reply I got to the SR I opened.
What about ur case? Is that assigned to an officer as well?
What about ur case? Is that assigned to an officer as well?
more...
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dkann
08-25 05:01 PM
I applied for EAD and AP renewal on June 30. I received AP approval on July 18th and got EAD approved on August 15th.
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gsc999
06-21 11:50 AM
Yes, we have to wait for CIR to die. Sooner the better, because once House Republicans start holding hearings on CIR, this slow death for CIR might stretch beyond July. Extended mockery of house legistlative process will leave us hanging in a limbo.
Once this CIR charade is over we can move a new bill with only legal immigration provisions through Senate. Hopefully, Democrats will regain House majority this November. Even if they don't, this will be a litmus test for house republicans who have been so vocal in supporting the streamlining of legal immigration.
Once this CIR charade is over we can move a new bill with only legal immigration provisions through Senate. Hopefully, Democrats will regain House majority this November. Even if they don't, this will be a litmus test for house republicans who have been so vocal in supporting the streamlining of legal immigration.
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good idea
09-23 04:34 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
ha ha ha ha ha .... till few days back EB2 guys were saying we are with you.... do not be jealous.... fight together for EB... now after this article, now some of EB2 people are not happy with rules & sharing true color of spirit they were talking about...
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
ha ha ha ha ha .... till few days back EB2 guys were saying we are with you.... do not be jealous.... fight together for EB... now after this article, now some of EB2 people are not happy with rules & sharing true color of spirit they were talking about...
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.
romeshtrisal
09-10 08:31 PM
My papers were received at Nebraska Center by one... M. Schwitzer on 30th July. So far nothing... no receipts, no encashed checks.
Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
They just put in wrong and fake info just to please their bosses. This is a messy setup.
Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
I am really pissed off.....
Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
They just put in wrong and fake info just to please their bosses. This is a messy setup.
Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
I am really pissed off.....
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