srini1976
09-30 12:15 AM
What happens when 485 is pending for more than 180 days and a person already used EAD for his current JOB(because of the policy of the Employer saying that: Once they apply for EAD employee needs to use EAD and company will not extend H1B anymore). Eventually employee will use EAD.
The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?
Please provide some input. All your opinions would help many folks!
The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?
Please provide some input. All your opinions would help many folks!
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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.
pa_arora
07-09 02:44 PM
One more...
Just a reminder..
Make and take some big posters (small with BOLD letters would help) with you...just the gathering wont help that much unless we have some big poster in hands. This would help if we are pictured by media.
Just a reminder..
Make and take some big posters (small with BOLD letters would help) with you...just the gathering wont help that much unless we have some big poster in hands. This would help if we are pictured by media.
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desi3933
07-10 12:14 PM
same way you prove that in the case of I-140... by writing up letters exlaining job duties... and showing offer letter, pay stubs, company tax returns and/or quarterly tax receipts, client contracts... etc etc etc...
Well, then you are covered.
again: what is your true point? why do you suspect that this is difficult?
Its not difficult if one is really running the business. It may be difficult for someone who is looking for job and opens a company to show self employment with nothing else going for that new business.
.
Well, then you are covered.
again: what is your true point? why do you suspect that this is difficult?
Its not difficult if one is really running the business. It may be difficult for someone who is looking for job and opens a company to show self employment with nothing else going for that new business.
.
more...
rs_123
02-10 07:23 AM
I am sending a $50.00 check today.
Greatdesi
08-31 11:13 AM
There was and continues to be lot of discussion around multiple 485s. When USCIS is adjudicating a 485, they look at other pending 485s and cancel them. I had two 485s - 1 on EB3 and the other EB2. EB2 became current recently. They approved the EB2 one and rejected the EB3. So you can have multiple 485s.
more...
dtekkedil
07-06 12:50 PM
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
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fall2004us
08-13 08:24 PM
thanks dude...
lets see how it goes after that...
Is the 485 processed based on RD or PD ?? I heard mixed opinion on IV,
I am not able to get a hold of my attorney.
lets see how it goes after that...
Is the 485 processed based on RD or PD ?? I heard mixed opinion on IV,
I am not able to get a hold of my attorney.
more...
mrajatish
05-02 10:54 AM
Stupid question, but I am sure it is in the minds of many others -
1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
2. Will the house have a similar bill?
1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
2. Will the house have a similar bill?
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at0474
03-26 11:39 AM
2007 June visa bulletin moved EB3 India to June 2003. The very next month, they made everything current. Things went out of control after that. For some reason, in my dreamland, I am fantacizing the first move to repeat again. May not make everything current, but atleast, move EB3 to june 2003.
more...
rajsand
10-02 07:33 PM
Hi,
I applied my 485 on 18th and reached Neberaska.
I have been calling USCIS for the last 5 weeks.Today they gaveme my receipt number only for I-765 and not for others.These were porcessed on Sep18.i have not had the receipt in hand.
My checks are also not cashed at this time .Is some one in the same sitiuation as I am.
Let me know
I applied my 485 on 18th and reached Neberaska.
I have been calling USCIS for the last 5 weeks.Today they gaveme my receipt number only for I-765 and not for others.These were porcessed on Sep18.i have not had the receipt in hand.
My checks are also not cashed at this time .Is some one in the same sitiuation as I am.
Let me know
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vij
06-18 10:59 AM
She told me she got it aorund the 6th
Thanks buddy
Thanks buddy
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satishku_2000
05-23 12:47 PM
emailed to almost 20 senators ...
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eb3_nepa
07-06 09:44 AM
DEAD FISH DEAD FISH!! :p
more...
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shailesh2006
06-07 05:12 PM
Hi
My 485 application received by NSC on May 24, 2007 but still no receipt and even did not cashed the check.
ss
My 485 application received by NSC on May 24, 2007 but still no receipt and even did not cashed the check.
ss
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looivy
09-19 07:57 PM
Instead of predicting and estimating why don't all of us do some calling for HR 5822.
more...
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kshitijnt
07-09 02:02 PM
Dear Friend:
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
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foobar2001
09-02 08:57 AM
hi,
folks who got their GC recently - i was wondering what the post "card production ordered" timeline looks like. How long did it take to get the GC in hand once the CPO email/LUD was received, and what other updates did you receive along the way?
thanks and good luck to all.
-andy
folks who got their GC recently - i was wondering what the post "card production ordered" timeline looks like. How long did it take to get the GC in hand once the CPO email/LUD was received, and what other updates did you receive along the way?
thanks and good luck to all.
-andy
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diptam
07-06 12:53 PM
Did you read this post ?
http://immigrationvoice.org/forum/showthread.php?t=6053
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
http://immigrationvoice.org/forum/showthread.php?t=6053
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
smuggymba
07-20 11:25 AM
Don't make stupid statements like this. It goes to show your intelligence and that you are an instigator. With statements like that you will alienate EB3 more. BTW, I contributed to DC advocacy and many other EB3s also did the same. That money apparently seemed to have have helped EB2 and not EB3.
Regarding you comment on action, many IV leaders are EB3.
It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.
Regarding you comment on action, many IV leaders are EB3.
It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.
immigration07
05-02 03:02 PM
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
good joke!!!!!!!!
good joke!!!!!!!!
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