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.
wallpaper stephen harper kitten. Stephen+harper+college
Chris Rock
08-09 09:41 AM
I agree with you 100%.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
Hilarious.... Hilarious.....
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
Hilarious.... Hilarious.....
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
shaileshkaria2525@hotmail
11-21 08:36 PM
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
Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...
shailesh karia
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
Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...
shailesh karia
2011 stephen harper kitten. Minister Stephen Harper; Minister Stephen Harper
msp1976
03-10 06:28 AM
And yes in the 8 yrs I have been with my company I have got 3 promotions and am now a Manager. My companys immigration lawyer said thats ok. He just joked that when you get your green card just make sure you get tripple demotion to new role.
So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
more...
looivy
09-19 07:57 PM
Instead of predicting and estimating why don't all of us do some calling for HR 5822.
maverick_joe
05-02 10:49 AM
:D shhhhhhhh, ppl who got into IV after Apr 2007..please dont express your views...
Who did not even know about IV till Apr 2007 are talking here.
Who did not even know about IV till Apr 2007 are talking here.
more...
bebar
06-06 09:00 PM
No reciept yet..
EB2 PD 05/2003
EB2 PD 05/2003
2010 stephen-harper-kitten. stephen-harper-kitten
test101
07-08 10:36 PM
United states postal service. My lawyer sent it on june 29 and to this day it's a mestry to me how it was delivered at 10:10 pm at night. I did not think anybody would accept it. BUt if they were working on 25000 in 48 hours. The only reason i think they took it is to finish the number of visa available.
still It does not mean anything ... they can reject it.
still It does not mean anything ... they can reject it.
more...
Omm
04-24 09:49 PM
It high time that these guys get kicked on what ever, I have seen so many of my friends frustated due to non payment and get scarred to do anything against it..... I appreciate your courage , If they do bussiness and employ people they should legally pay, So many poeple come from India with kids and family and suffer so much when they are not getting paid on bench...I can only sympathise with their situation , Shame on such bussiness...BLOOD SUCKERS, MANIACS . I would say USCIS should create a law to punish these blood sucking monsters.
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
hair Stephen Harper (CP)
chand11
08-22 10:30 AM
Here is the details:
PD: Feb 16, 06
I-485 Applied: Aug 9, 07
I-485 Received by TSC: Aug 10, 07
I-485 Notice Date: Oct 3, 07
Case Transferred to NSC: January 2008
Soft LUD: July 28, 2009 (probably pre-adjudicated)
Opened SR: Aug 2, 2010
Response to SR: Aug 4, 2010 ( SR was routed to Boson regional center and they provided no useful info - case is being reviewed and NSC and as of May 2010 it was with pre-adjudication department)
Opened another SR (dependent): Aug 10, 2010 (no reply yet)
Received SMS on case update: Aug 18, 2010 at 9:48 PM (case status changed to Decision)
Card production ordered: Aug 19, 2010 (SMS alert at 3:33 PM)
Another soft LUD: Aug 20, 2010
Yet to receive Notice of Action, Welcome Notice or actual card. I changed job twice on EAD once in June 2008 and again Nov 2009. Never filed AC-21.
PD: Feb 16, 06
I-485 Applied: Aug 9, 07
I-485 Received by TSC: Aug 10, 07
I-485 Notice Date: Oct 3, 07
Case Transferred to NSC: January 2008
Soft LUD: July 28, 2009 (probably pre-adjudicated)
Opened SR: Aug 2, 2010
Response to SR: Aug 4, 2010 ( SR was routed to Boson regional center and they provided no useful info - case is being reviewed and NSC and as of May 2010 it was with pre-adjudication department)
Opened another SR (dependent): Aug 10, 2010 (no reply yet)
Received SMS on case update: Aug 18, 2010 at 9:48 PM (case status changed to Decision)
Card production ordered: Aug 19, 2010 (SMS alert at 3:33 PM)
Another soft LUD: Aug 20, 2010
Yet to receive Notice of Action, Welcome Notice or actual card. I changed job twice on EAD once in June 2008 and again Nov 2009. Never filed AC-21.
more...
sonia_sd
02-01 08:58 PM
If I am lucky enough I can make upto 70-80years of my age maximum, considering my age now, I might live another 30-35yrs. Just imagine what life we want, I completely agree what points you mentioned below. But you are forgetting the insidents we read in news media every day. I almost find atleast one incident where people are killed just for money........what if our fate is not good, and we encounter such situation???
So there is are many factors that effect our life on both sides of the globe !
I just visited last month. I stayed there for 6 weeks...
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
So there is are many factors that effect our life on both sides of the globe !
I just visited last month. I stayed there for 6 weeks...
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
hot Poster in light box f eats a kitten Stephen+harper+kitten+photo
GCapplicant
07-27 10:09 PM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
more...
house stephen harper kitten. harper_kitten; harper_kitten
gsc999
07-19 07:06 PM
Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
tattoo Posté dans Uncategorized le
s416504
08-13 02:32 PM
My Application delivered at 11:34 by USPS & signed by B GERKENSMEYER.
So far No LUD..No Receipts..Any one else signed by B GERKENSMEYER.
So far No LUD..No Receipts..Any one else signed by B GERKENSMEYER.
more...
pictures Stephen Harper (+scared kitten
amitjoey
05-23 07:14 PM
Please also use Webfax to send your message
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
dresses Re: a Canada subforum?
wizpal
11-21 10:38 AM
Mehul,
May God give you and your family the strength and power to come out good through this trying times...Best of luck.
Do drop us a note if you need any help...
May God give you and your family the strength and power to come out good through this trying times...Best of luck.
Do drop us a note if you need any help...
more...
makeup Stephen Harper-kitten-funny
GC_Fever
09-14 06:17 PM
Just for everyone's info, I received all my receipt notices(485,EAD,AP) today including for my wife and son. Applications were received at NSC on July 3rd and finally transferred to TSC because my I-140 was approved from there in Nov 2006. I saw a LUD on approved I-140 on 8/5/07. My checks were not cashed until 8/31 when my attorney last checked. My guess is that these were cashed around 1st week of sept.
One important thing I want to mention that my attorney hadn't filled in my A# from I-140 into I-485. He entered it as "None" and I was worried of any negative effect, but USCIS correctly figured it out and mentioned this no. on all my receipt notices.
However, they mixed up the nos. for my son and wife's receipts. My wife's 485 receipt has my son's A#. My attorney went ahead and contacted USCIS right away.
I hope everyone get receipts soon.
One important thing I want to mention that my attorney hadn't filled in my A# from I-140 into I-485. He entered it as "None" and I was worried of any negative effect, but USCIS correctly figured it out and mentioned this no. on all my receipt notices.
However, they mixed up the nos. for my son and wife's receipts. My wife's 485 receipt has my son's A#. My attorney went ahead and contacted USCIS right away.
I hope everyone get receipts soon.
girlfriend P.S. www.shitharperdid.com has
guyfromsg
07-19 11:51 PM
Thanks IV core for the selfless sacrifice..A small pledge of $100
hairstyles stephen harper kitten. Stephen Harper. A kitten waits; Stephen Harper.
guru76
11-18 05:15 PM
Sent
yestogc
05-08 04:42 PM
Can we also try to involve some professional organisations like, TIE here and NASSCOM there. Indian government should also atleast give feelers to US govt for this unjust move, even if they cannot abolish per country quota, they can atleast make it depending on few parameters:
Like size of country, how many h1's are granted each year, pending GC applications.
What is your say on this.
Like size of country, how many h1's are granted each year, pending GC applications.
What is your say on this.
gcgonewild
09-15 05:38 PM
I 've sent pm.. please update the google doc.
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