indyanguy
03-25 08:57 PM
I am curious to know what's stopping the EB3s to port their dates to the EB2 category. I've been seriously considering this lately.
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rajuseattle
08-16 10:33 PM
thanks BRIT_GC
sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
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.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
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.
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.
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...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
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.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
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.
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.
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...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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arumalla
07-09 11:09 AM
I guess I saw a mistake on the writing....
On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007
It is June 13th not July13th the first visa bulletin sent out by DoS.
Thanks
Chandra
On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007
It is June 13th not July13th the first visa bulletin sent out by DoS.
Thanks
Chandra
more...
anilsal
12-13 12:07 PM
All actions taken by IV is for the community. We are enjoying many benefits (AC21, 7th year H) etc that was a struggle by earlier outfits like ISN.
IV will be successful.
IV will be successful.
desi3933
03-08 09:33 PM
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
>> But on the other hand if I want to address this issue in a manner which could see least resistance
IMHO, you are wrong about the "least resistance" part. Who told you that there is least resistance to change/remove country quota? How did you come to that conclusion?
______________________
US citizen of Indian origin
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
>> But on the other hand if I want to address this issue in a manner which could see least resistance
IMHO, you are wrong about the "least resistance" part. Who told you that there is least resistance to change/remove country quota? How did you come to that conclusion?
______________________
US citizen of Indian origin
more...
ushkand
08-05 05:54 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.
Mine is pretty much the same situation and see a LUD of 08/05/2007 on my I-140 today. Hopefully I will see checks cashed in the next couple of days. Fingers crossed. :confused:
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.
Mine is pretty much the same situation and see a LUD of 08/05/2007 on my I-140 today. Hopefully I will see checks cashed in the next couple of days. Fingers crossed. :confused:
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jindhal
09-23 04:46 PM
With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate
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Sachin_Stock
09-23 02:18 PM
Another basic information. I-140 needs to be approved on its own merit. Once it is approved, the dates would be ported. There's no such extra-scrutiny added related to "porting" exercise as such.
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kshitijnt
07-09 02:48 PM
I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.
Would I get an RFE if I work on contract on W2?
In my personal opinion, you should look out for permanent offers. I tend to prefer 1099 contracts as opposed to W-2 because 1099s tend to make stronger case for self employment.
Would I get an RFE if I work on contract on W2?
In my personal opinion, you should look out for permanent offers. I tend to prefer 1099 contracts as opposed to W-2 because 1099s tend to make stronger case for self employment.
more...
h1b_slave
06-11 11:56 AM
Prefer seperate checks for each, with one check if even one application gets rejected all will come back - this is what my attorney said
My attorney asked just to give one cheque for $745 each for myself and my spouse for I-485, I -131 and I-765. Our applications will be filed today.
Is this OK. Will all the 3 receipt numbers be printed on the back of one cheque. Please let me know if anyone of you have done the same. Thank you.
My attorney asked just to give one cheque for $745 each for myself and my spouse for I-485, I -131 and I-765. Our applications will be filed today.
Is this OK. Will all the 3 receipt numbers be printed on the back of one cheque. Please let me know if anyone of you have done the same. Thank you.
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greenguru
04-29 07:17 PM
I wish it is true!
Countdown starts for the next bulliten, 16 days..
cheers
Countdown starts for the next bulliten, 16 days..
cheers
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gc28262
07-20 10:17 PM
Dear EB2 guys,
This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Men don't realize that make up is the magic that makes these ugly ones look pretty. :D
Why does your boss make more money than you?
Because boss takes credit for all your hard work.
Why Katrina Kaif is sought after not Nandita Das?
I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.
Why does a person with a 770 credit score get lower interest?
In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.
This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Men don't realize that make up is the magic that makes these ugly ones look pretty. :D
Why does your boss make more money than you?
Because boss takes credit for all your hard work.
Why Katrina Kaif is sought after not Nandita Das?
I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.
Why does a person with a 770 credit score get lower interest?
In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.
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WaldenPond
06-28 08:36 PM
Hello pappu,
That is an excellent find. Maybe we could work through this lead. We will contact Dr. Woo and Rajen Anand. Thanks a lot for the excellent research.
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
That is an excellent find. Maybe we could work through this lead. We will contact Dr. Woo and Rajen Anand. Thanks a lot for the excellent research.
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
more...
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yadav
08-31 08:50 AM
Initially i filed I485 only and now I am planning to apply for AP, can you please send me the list of documents i need to send and the fee amount.
thanks in advance
thanks in advance
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gccovet
02-10 02:25 PM
With sujijag's 50, needhelp!'s 25, and gccovet 25.00
we are at $1144.00
Bring it on!!! keep on going.
GCCovet.
we are at $1144.00
Bring it on!!! keep on going.
GCCovet.
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jungalee43
11-18 02:59 PM
I will definitely call senator's office and talk and even take appointment. For me the senators nearest office is 150 miles drive one way. But I will do that.
The House representitive's office is less than half a mile's drive. But he is a member of Toncredo's immigration caucus and it is plain useless to talk to them.
The highlighted message is the key to the next step.
At most times you are likely to get such automated responses and message would be ignored unless backed up by lobbying effort. Each campaign is carefully crafted and the strategy is based on our ongoing lobbying efforts.This is why we ask for a focused message and followup instead of sending junk emails (from online petitions) and thinking our work is done after hitting the submit button. It is a waste of time and energy and misleads the community in what they should be doing to get attention to their issues. Sending email is just one tiny step towards the advocacy work. Next step is to call the office and follow up about the email. Tell them you are not satisfied with such a response on an important issue. Tell them that you want to talk to someone about your letter and also wants to meet them in their office as you are a constituent and part of a national organization. Once you get the appointment, contact IV and we will guide you for the next steps.
The House representitive's office is less than half a mile's drive. But he is a member of Toncredo's immigration caucus and it is plain useless to talk to them.
The highlighted message is the key to the next step.
At most times you are likely to get such automated responses and message would be ignored unless backed up by lobbying effort. Each campaign is carefully crafted and the strategy is based on our ongoing lobbying efforts.This is why we ask for a focused message and followup instead of sending junk emails (from online petitions) and thinking our work is done after hitting the submit button. It is a waste of time and energy and misleads the community in what they should be doing to get attention to their issues. Sending email is just one tiny step towards the advocacy work. Next step is to call the office and follow up about the email. Tell them you are not satisfied with such a response on an important issue. Tell them that you want to talk to someone about your letter and also wants to meet them in their office as you are a constituent and part of a national organization. Once you get the appointment, contact IV and we will guide you for the next steps.
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waitnwatch
06-20 01:21 AM
I have a fundamental question here. What exactly has to happen to actually say that the CIR has died? Will the house have to vote and kill it? I guess there are no legal time lines for a bill to lapse - or is there one? Does the bill automatically die when the present congress' term ends?
Could anybody more knowledgeable than me throw some light.
Could anybody more knowledgeable than me throw some light.
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Ramba
07-09 02:57 PM
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
In this enforcement climate, self-employment is risky too. The memo is not a binding rule. Having said that, even if any one chose to self employment, they must have very proper documents including long-term contract agreement with few clients, that explanis the service you provide shold be in-line with orginal I-140 job duties. In current H1B denial rate becuse of client letters RFE, the self employed AC21 cases shold be more prepared, in case of RFE.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
In this enforcement climate, self-employment is risky too. The memo is not a binding rule. Having said that, even if any one chose to self employment, they must have very proper documents including long-term contract agreement with few clients, that explanis the service you provide shold be in-line with orginal I-140 job duties. In current H1B denial rate becuse of client letters RFE, the self employed AC21 cases shold be more prepared, in case of RFE.
eb3_nepa
08-13 05:30 PM
:confused:
Please participate in publicity campaign for the Sep 18th rally at DC (http://immigrationvoice.org/forum/showthread.php?p=141453#post141453)
:confused:
Dude pls stop advertising about the rally, we all know about it and we're coming. Pls stop posting the same info about the rally over and over again. If the Title in BOLD RED does not attract people's attention on the Homepage i dont think your posts are going to do it either.
Please participate in publicity campaign for the Sep 18th rally at DC (http://immigrationvoice.org/forum/showthread.php?p=141453#post141453)
:confused:
Dude pls stop advertising about the rally, we all know about it and we're coming. Pls stop posting the same info about the rally over and over again. If the Title in BOLD RED does not attract people's attention on the Homepage i dont think your posts are going to do it either.
arc
11-21 05:32 PM
Mehul
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees.
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide to live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research, marrow transplant, blood transfusion and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees.
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide to live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research, marrow transplant, blood transfusion and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
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