akhilmahajan
02-12 09:38 AM
Thanks a lot everyone.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
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desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
ssa
07-28 12:04 AM
No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
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rameshvaid
11-19 01:52 PM
Seems like they have or are going to block all mass e-mails in future..
Pappu: I did leave messages for Immigration Aide @ Senator Brown and Senator Voinovich office and have not heard back from them.. Will update once hear back from them.. Seems they all are already in holiday mode..
Thank you for contacting my office. I genuinely appreciate your e-mail and thank you for sharing your thoughts with me. As with all communications with my office, your views have been recorded.
Every day, I hear from the people of Ohio through their phone calls, letters and faxes to my office. As you can imagine, I also receive a significant number of e-mails daily. Mass-generated e-mails sent by a third-party group, which are usually form text, have hindered my ability to respond to the e-mails, phone calls, letters and faxes that I receive. Due to the increasing number of mass-generated e-mails received by my office, effective March 16, 2007, my office will be implementing changes to the constituent correspondence process.
Consequently, I have established a new system on my website to better serve Ohio constituents. If you would like a written response to your e-mail, please go to .: United States Senator George Voinovich :: Home :. (http://voinovich.senate.gov) and click on the CONTACT tab to fill out the web CONTACT FORM. By filling out this form, you will receive a written response from my office.
Thank you for your patience. Should you experience any problems with my web CONTACT FORM, please call my office at 202-224-3353 and my staff will be happy to guide you through the electronic correspondence process.
Sincerely,
George V. Voinovich
United States Senator
Pappu: I did leave messages for Immigration Aide @ Senator Brown and Senator Voinovich office and have not heard back from them.. Will update once hear back from them.. Seems they all are already in holiday mode..
Thank you for contacting my office. I genuinely appreciate your e-mail and thank you for sharing your thoughts with me. As with all communications with my office, your views have been recorded.
Every day, I hear from the people of Ohio through their phone calls, letters and faxes to my office. As you can imagine, I also receive a significant number of e-mails daily. Mass-generated e-mails sent by a third-party group, which are usually form text, have hindered my ability to respond to the e-mails, phone calls, letters and faxes that I receive. Due to the increasing number of mass-generated e-mails received by my office, effective March 16, 2007, my office will be implementing changes to the constituent correspondence process.
Consequently, I have established a new system on my website to better serve Ohio constituents. If you would like a written response to your e-mail, please go to .: United States Senator George Voinovich :: Home :. (http://voinovich.senate.gov) and click on the CONTACT tab to fill out the web CONTACT FORM. By filling out this form, you will receive a written response from my office.
Thank you for your patience. Should you experience any problems with my web CONTACT FORM, please call my office at 202-224-3353 and my staff will be happy to guide you through the electronic correspondence process.
Sincerely,
George V. Voinovich
United States Senator
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GCStatus
09-16 02:58 AM
You may want to follow up with them via a PM or email. Check the IV core link.
Yep, did already
Yep, did already
Saralayar
03-16 06:57 PM
some useful info from Ron gotcher
http://imminfo.com/Newsletter/2009-3/2009-03.html
I do not see any article related to the EB3 prediction in the URL link you have provided.
http://imminfo.com/Newsletter/2009-3/2009-03.html
I do not see any article related to the EB3 prediction in the URL link you have provided.
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vinnysuru
03-05 04:57 PM
New Horizon,
Thanks for all your help in Private messages.
I have a question about Landing with Own car? Is there a way to get around importing it? I want to use my own car but don't want to pay import fee etc. Did they charge you anything? How much was it? What else to expect, do you think you will have to take it to Canada Tire etc. for Federal appointment etc?
Thanks
Thanks for all your help in Private messages.
I have a question about Landing with Own car? Is there a way to get around importing it? I want to use my own car but don't want to pay import fee etc. Did they charge you anything? How much was it? What else to expect, do you think you will have to take it to Canada Tire etc. for Federal appointment etc?
Thanks
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surabhi
04-23 10:18 PM
Guys one more perspective:
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
Its not ideal world. I have personally experienced both types of desi companies. Some one has commented about hardships of Desi employers that they cant scale beyond 50 employees, lot of competition etc.
The reason they cant scale is they cant think beyond immediate future. When I suggested your ex-employee could bring you business, it was termed as long term sort of non-practical thinking. No wonder why many desi employers are where they are.
Overwhelming majority of desi employers that remain in staffing business havent learnt anything about running business. They are middle men not adding value to employee or the client. They thrive on fear, anxiety in employees and scare tactics created by contracts that they know are unenforceable.
What they dont realize is it takes 1 disgruntled employee who has nothing to lose and is willing them to take to the cleaners.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
Its not ideal world. I have personally experienced both types of desi companies. Some one has commented about hardships of Desi employers that they cant scale beyond 50 employees, lot of competition etc.
The reason they cant scale is they cant think beyond immediate future. When I suggested your ex-employee could bring you business, it was termed as long term sort of non-practical thinking. No wonder why many desi employers are where they are.
Overwhelming majority of desi employers that remain in staffing business havent learnt anything about running business. They are middle men not adding value to employee or the client. They thrive on fear, anxiety in employees and scare tactics created by contracts that they know are unenforceable.
What they dont realize is it takes 1 disgruntled employee who has nothing to lose and is willing them to take to the cleaners.
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hiUS
09-17 12:49 PM
Call USCIS and enquire about your card and also verify if your address in their system is correct. Also, get an appt with local USCIS office. All the best!!!
Called USCIS couple of times but I did not get the right response till now. They used to end the call abruptly.
But just now I called again, she told that they need to upload the Biometrics from CSC and she will do that. She told that I will get the card in 30 days...may be the regular time which they mention.
And she told not to take any Infopass appoitment and just to wait for 30 days.
Called USCIS couple of times but I did not get the right response till now. They used to end the call abruptly.
But just now I called again, she told that they need to upload the Biometrics from CSC and she will do that. She told that I will get the card in 30 days...may be the regular time which they mention.
And she told not to take any Infopass appoitment and just to wait for 30 days.
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nochoice
09-06 03:21 PM
I received FP notice today.
EB2-NIW, PD Sept 30, 2005
I-485 application mailed: July 18, 2007
Service Center: Nebraska
Application delivered: July 20, 2007
I-485 Receipt Notice date: Aug 16, 2007
EB2-NIW, PD Sept 30, 2005
I-485 application mailed: July 18, 2007
Service Center: Nebraska
Application delivered: July 20, 2007
I-485 Receipt Notice date: Aug 16, 2007
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feedfront
08-26 03:29 PM
Not sure if I got your question... .
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
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lonedesi
05-23 07:32 AM
SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
You seem to be acting more in your interest than larger good of the members of this community. You have been quietly browsing this website all this time and suddenly became a member and started whining and complaining of what IV is doing. You don't need to get hyperactive and start freaking out. Relax and do what IV is requesting you to do at this time. There are a lot of items & issues IV is working on and they have prioritized some of them as very important which affects the larger members of this group. These important ones are what they are concentrating for now. If you do not like what IV is doing, you are more then welcome to move on and do what pleases you. But please stop discouraging & instigating other members with your stupid comments.
You seem to be acting more in your interest than larger good of the members of this community. You have been quietly browsing this website all this time and suddenly became a member and started whining and complaining of what IV is doing. You don't need to get hyperactive and start freaking out. Relax and do what IV is requesting you to do at this time. There are a lot of items & issues IV is working on and they have prioritized some of them as very important which affects the larger members of this group. These important ones are what they are concentrating for now. If you do not like what IV is doing, you are more then welcome to move on and do what pleases you. But please stop discouraging & instigating other members with your stupid comments.
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srkamath
08-10 08:07 PM
I git the I-485 Approval mail on 8/4/08 - but I have not recd any CPO mail or welcome PR mail - nor have I recd the notices in the mail -should Itake Infopass appt ?
wait4ever,
you waitISover
pls update your username :);)
wait4ever,
you waitISover
pls update your username :);)
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needhelp!
02-18 05:26 PM
I am sure everyone agrees that fixes are needed. I am sure everyone agrees that fixes won't come magically. But to stand up and work for it, Macaca once said "Something has to CLICK!".
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coolstonesa
06-22 04:29 PM
Here is the response from lawyer when I pointed him to the filing instructions on I-485 form:
"The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).
At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.
If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
(2) most recent six months of pay stubs, and also (3) a current job offer
letter.
I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
"The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).
At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.
If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
(2) most recent six months of pay stubs, and also (3) a current job offer
letter.
I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
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MYGC2008
09-09 04:35 PM
I received 2-emails one 9/5 and one on 9/9 with the same message saying my EAD card production Ordered. I don't know why they have sent 2 emails.
I am still waiting for my wife's approval. Even though we applied on same day.
ND: 07/25
TSC
I am still waiting for my wife's approval. Even though we applied on same day.
ND: 07/25
TSC
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boldm28
05-12 11:39 AM
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
now that eb2 is retrogressed .. eb2 ( not that i have anything against them) are asking everybody including eb3 to contribute , send faxes be Vocal . That is my friend India for you
it is each one for himself .how many people who got their gc visit this forum , may be a hand full others forget about this forum and move on in life
now that eb2 is retrogressed .. eb2 ( not that i have anything against them) are asking everybody including eb3 to contribute , send faxes be Vocal . That is my friend India for you
it is each one for himself .how many people who got their gc visit this forum , may be a hand full others forget about this forum and move on in life
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mirage
03-06 04:31 PM
And worst is the lottery...What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.
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rayoflight
05-19 04:30 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
jindhal
09-24 01:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
desi3933
07-10 12:54 PM
@desi3933:
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
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. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
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. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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