saravanaraj.sathya
08-01 01:48 PM
I ve just filed my I-140 in Texas. I-485 applied in NSC...still waiting on the receipts..it seems to be a long wait....
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vikki76
09-29 11:30 PM
Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
feedfront
08-31 02:56 PM
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
I wanted to laugh my gut out.. No wonder, how British ruled us for soooo longgg..
I wanted to laugh my gut out.. No wonder, how British ruled us for soooo longgg..
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tempgc
07-02 04:16 PM
Wondering whether USCIS accepting application now ?
Does any one's courier accepted after 12 PM this afternoon ?
Does any one's courier accepted after 12 PM this afternoon ?
more...
desi3933
05-19 03:49 PM
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
>> It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination.
What is stopping you to file such a lawsuit? Everybody expects someone else is going to solve their problems.
>> It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination.
What is stopping you to file such a lawsuit? Everybody expects someone else is going to solve their problems.
Mehul
11-21 03:40 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
more...
jaocanada
07-10 02:53 PM
I have arranged to send the flowers so they reach USCIS on 10 July.
Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.
Let's keep this effort on..
Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.
Let's keep this effort on..
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pappu
05-04 10:48 AM
on
http://www.aila.org/RecentPosting/RecentPostingList.aspx
is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.
(Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
http://www.aila.org/RecentPosting/RecentPostingList.aspx
is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.
(Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
more...
anzerraja
07-20 12:54 AM
Thanks Very much SS_col !!!!
Count me in for $100. Have contributed to IV before as well.
Count me in for $100. Have contributed to IV before as well.
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kg318
04-23 02:35 PM
hi all,
Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........
Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........
more...
drak70
11-21 11:26 AM
Dear Mehul
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
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anzerraja
07-20 10:56 AM
Please note that the funds you have contributed to IV core funds are not part of this thread.
But thanks very much anyways since every penny counts.
Sam2006
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
But thanks very much anyways since every penny counts.
Sam2006
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
more...
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psgupta9
05-23 04:39 PM
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.
Guys,
The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
The Section 419(D): which talks about AC21 for renewal is really important.
This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.
This should not be allowed.
Guys,
The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
The Section 419(D): which talks about AC21 for renewal is really important.
This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.
This should not be allowed.
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sracharla
08-05 05:07 PM
Hi guys,
My first H1B (2003) had LUD on 14th of July...and today there is a LUD on I-140. My I-140 approved in March 2007..PD is March 2005...Is it good indication that they are doing something with my I-485 case? My application reached NSC on july 2nd (not sure about time as my lawyer sent those papers). My I-140 is from TSC.
Today i added my old H1B (2003) case to my portfolio..i saw LUD on it...LUD date is '14th july 2007'...not sure...14th july is saturday...but no surprise...i saw lot of people posted that their LUD was on weekends....Is it good indication? sorry if i am asking unnecessary question..
My first H1B (2003) had LUD on 14th of July...and today there is a LUD on I-140. My I-140 approved in March 2007..PD is March 2005...Is it good indication that they are doing something with my I-485 case? My application reached NSC on july 2nd (not sure about time as my lawyer sent those papers). My I-140 is from TSC.
Today i added my old H1B (2003) case to my portfolio..i saw LUD on it...LUD date is '14th july 2007'...not sure...14th july is saturday...but no surprise...i saw lot of people posted that their LUD was on weekends....Is it good indication? sorry if i am asking unnecessary question..
more...
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zerozerozeven
05-08 03:05 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
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JunRN
10-08 06:29 PM
I don't believe it must be FIFO...just as what I told in the other forum.
It must be:
FIFT - First In, First Touch
and then;
FCFO - First Complete, First out
(Complete: approvable and PD current)
It must be:
FIFT - First In, First Touch
and then;
FCFO - First Complete, First out
(Complete: approvable and PD current)
more...
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smuggymba
07-21 08:22 AM
My question is, what will happen after that?
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
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transpass
08-23 04:12 PM
Can you please let us know the long list of Do's and Dont's..That would provide a lot of info...
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
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aachoo
05-09 10:05 PM
For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
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raydhan
06-20 09:16 AM
logiclife,
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
pani_6
12-10 08:14 AM
My concern is that if CIR does not get taken up sooner that May07...it may be postponed to 09 due to election politics being a hot potato issue...what I would suggest is that we start working from the first day the congress starts and whether through QGA or through indiviual senators try to pass just non-contraversial benefits like ability to file EAD after I-140, recapture of Visa numbers and Spouse and kid not included in the Visa numbers and intorduce this bill and try to pass it.
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
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