desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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sina
09-19 02:41 PM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
vsattri
09-12 04:21 PM
My information:
sent on 27th july, delivered at TSC on 30th july, no updates from my attorney yet.
sent on 27th july, delivered at TSC on 30th july, no updates from my attorney yet.
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TheOmbudsman
10-26 11:08 AM
Your points are correct. The real question is how many more can the country take without going unsympathetic to immigration. That's their country and their decision you know.
You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).
http://www.spiegel.de/international/0,1518,439766,00.html
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.
The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.
US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.
You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).
http://www.spiegel.de/international/0,1518,439766,00.html
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.
The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.
US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.
more...
Foster2007
07-08 01:12 PM
I agree. I think each of us should commit to getting AT LEAST 5 more volunteers for the protest in San Jose. This could be family/friends/neighbors etc. We also need a poll to track how many will show up on the 14th.
xyz_123
07-21 04:50 PM
I work for a Fortune 100 company and they have recently denied my request to convert my application to EB2 because its very hard to complete the recruitment and also they are afraid of an audit.
If there are options outside I wouldn't even think for a second, but there aren't that many employers willing to deal with the green card mess.
If there are options outside I wouldn't even think for a second, but there aren't that many employers willing to deal with the green card mess.
more...
prakgc
05-12 01:24 PM
Hi.. still no FP notice for me and my wife.. am a July 3rd filer with case transferred to TSC with a sept 10th notice date..
Have opened at least 3 SR's, called TSC several times (last was a month back) when the agent said we have sent a request to local ASC...
How long is is typically taking when IO says sent request to local ASC?
Any other ideas.. i have taking infopass as well and there was no use..
How many still waiting for a FP notice from July from TSC?
Have opened at least 3 SR's, called TSC several times (last was a month back) when the agent said we have sent a request to local ASC...
How long is is typically taking when IO says sent request to local ASC?
Any other ideas.. i have taking infopass as well and there was no use..
How many still waiting for a FP notice from July from TSC?
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hpandey
07-21 09:07 PM
EAD Paper Filed TSC - 21st June
RD - 06/23/08
No LUD after that. Still waiting.
RD - 06/23/08
No LUD after that. Still waiting.
more...
EndlessWait
04-30 05:05 PM
also ..this looks very inaccurate ..because I know lot of indians who got H1 during the peak (when h1 was 195k) have gone back. i.e either they got better oppurtunities back home or just went back as they were not getting jobs. I did stay in one of the guest house which had lots of consultants ..none of them are here anymore !!
lots of labors were sold..god knows how many are in queue by substitution
lots of labors were sold..god knows how many are in queue by substitution
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amslonewolf
05-01 03:16 PM
This could have a huge impact.. I posted this on the donor forum as well.
more...
gccovet
02-09 02:08 PM
Here is my $100 contribution
Dt: 02/09/09
Receipt ID: 5524-9117-6391-1389.
Thank you mmanurker and ita!!
G. Total = $303.00
comeon folks...
Gccovet
Dt: 02/09/09
Receipt ID: 5524-9117-6391-1389.
Thank you mmanurker and ita!!
G. Total = $303.00
comeon folks...
Gccovet
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delhiguy
07-08 08:47 PM
macaca, This is really good point
There could be 3 reasons , which i could think of
1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.
2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)
3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)
There could be 3 reasons , which i could think of
1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.
2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)
3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)
more...
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beautifulMind
10-08 05:24 PM
So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.
Actually my company went bankrupt and eventually everyone got laidoff...
I have paid taxes to this country for 9 years now and I deserve a GC.
We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....
The process is just screwed up..no other country follows it and it is the same process from last 20 years...
Actually my company went bankrupt and eventually everyone got laidoff...
I have paid taxes to this country for 9 years now and I deserve a GC.
We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....
The process is just screwed up..no other country follows it and it is the same process from last 20 years...
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glus
05-23 12:01 PM
This is awesome, glus. Thanks again for putting these fax numbers together.
No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.
No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.
more...
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man-woman-and-gc
09-15 01:17 PM
First step - Gather information and strengthen the support. Once we reach a ballpark, arrange meetings, conference calls
Finalise a lawyer ( MadhUVJ - has great suggestions on it )
Preparing an Action Plan, will be out soon.
Man-Woman-GC is gathering details.
Please join us in this effort
Folks...nothing is going to be feasible unless we have enough numbers beind us....so our sole action item for now should be to get 1000 people to pledge to this effort...one we are 1000 strong....things will start falling into place....I am sure there will be a number of attorney's who will be willing to help us spend 100 grand...;-)
Finalise a lawyer ( MadhUVJ - has great suggestions on it )
Preparing an Action Plan, will be out soon.
Man-Woman-GC is gathering details.
Please join us in this effort
Folks...nothing is going to be feasible unless we have enough numbers beind us....so our sole action item for now should be to get 1000 people to pledge to this effort...one we are 1000 strong....things will start falling into place....I am sure there will be a number of attorney's who will be willing to help us spend 100 grand...;-)
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NKR
04-23 12:54 PM
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
more...
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stuckinmuck
05-28 02:10 PM
Subject: Becoming Illegal (good deal)
(Actual letter from an Iowa resident and sent to his senator)
The Honorable Tom Harkin
731 Hart Senate Office Building
Phone (202) 224 3254
Washington DC 20510
Dear Senator Harkin:
As a native Iowan and excellent customer of the Internal Revenue service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.
My primary reason for wishing to change my status from US Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill's provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine, and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out.
Simply put, those of us who have been here legally have had to pay taxes every year so I'm excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.
Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year.
Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as "instate" tuition rates for many colleges throughout the United States for my son.
Lastly, I understand that illegal status would relieve me of the burden of renewing my driver's license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.
If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative.
Thank you for your assistance.
Your Loyal Constituent,
<First Name> <Last Name>
<City>, <State>
Get your Forms (NOW)!! Call your Internal Revenue Service 1-800-289-1040.
Please pass this onto your friends so they can save on this great offer!!!!
(Actual letter from an Iowa resident and sent to his senator)
The Honorable Tom Harkin
731 Hart Senate Office Building
Phone (202) 224 3254
Washington DC 20510
Dear Senator Harkin:
As a native Iowan and excellent customer of the Internal Revenue service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.
My primary reason for wishing to change my status from US Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill's provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine, and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out.
Simply put, those of us who have been here legally have had to pay taxes every year so I'm excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.
Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year.
Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as "instate" tuition rates for many colleges throughout the United States for my son.
Lastly, I understand that illegal status would relieve me of the burden of renewing my driver's license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.
If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative.
Thank you for your assistance.
Your Loyal Constituent,
<First Name> <Last Name>
<City>, <State>
Get your Forms (NOW)!! Call your Internal Revenue Service 1-800-289-1040.
Please pass this onto your friends so they can save on this great offer!!!!
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bluez25
07-03 09:22 PM
Why the IV members are not making this simple protest sticky so that it gets more visibility with all the users.
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bigboy007
07-04 11:16 PM
May be he will good for you dude. :D
pitha
07-08 11:08 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
looivy
07-21 02:16 PM
First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
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