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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payur
06-27 02:31 PM
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
How long are you supposed to be with employer after getting GC?
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
How long are you supposed to be with employer after getting GC?
lakshman.easwaran
08-15 03:24 PM
My I-140 is pending at TSC. Filed 485 on July 25 and reached NSC on July 26. Today I noticed that LUD on 140 case has changed to 08/12/2007. I guess my case is transferred to TSC.
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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?
more...
imconfused
07-03 11:17 AM
trust me, everyone will write for 2 days more, then move on... i know that! agar kuch karna hi hotta to apna desh kahaan se kahaan pahunch gaya hotta... apne desh ko to badal nahi sakte idhar kya karengey? hehe
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
amitjoey
11-17 03:48 PM
Lets do this. Please get involved. Please post if you have already sent this email, that will be encouraging for others to do it. Also, We can build a strong momentum if this thread immediately starts running into 100's of pages.
more...
drona
07-09 04:41 PM
Excellent idea Naveen! I hope you don't mind but I have improved the English slightly :) and will create links on those Wiki pages to IV and the articles that you have mentioned.
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
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another one
07-03 12:58 PM
should we also try another vendor just to diversify the risk of this one deciding not to deliver. I will do some research to see which others a re available.
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=13&Go.y=9
Try this link one more time ..
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=13&Go.y=9
Try this link one more time ..
more...
beautifulMind
10-08 04:33 PM
It already does, if you have an approved I-140 based on your LC.
Not really..before PERM LC tooks 4-5 years and a lot of people got laid off at the end of 4th 5th year and lost everything...Years of exp is best. based on Intial LC is good too....Ultimately anyone with a masters + 2-3 yrs exp or bachelors with 4-5 yrs exp should not have to wait in queue. Their priority dates should be current...I still support the whole Company GC and not just a points based system
Not really..before PERM LC tooks 4-5 years and a lot of people got laid off at the end of 4th 5th year and lost everything...Years of exp is best. based on Intial LC is good too....Ultimately anyone with a masters + 2-3 yrs exp or bachelors with 4-5 yrs exp should not have to wait in queue. Their priority dates should be current...I still support the whole Company GC and not just a points based system
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mariner5555
05-01 02:51 PM
Didn't Logfren ask that question to USCIS during last July?
no idea actually ..did she get a reply ? ..yes. I remember something like this was posted ..does anyone have the figures ? last year EB3 - I got 19,000 ..visas ..that is correct, right ?
no idea actually ..did she get a reply ? ..yes. I remember something like this was posted ..does anyone have the figures ? last year EB3 - I got 19,000 ..visas ..that is correct, right ?
more...
Chris Rock
09-24 12:32 PM
Some do not like Porting; some do not like Spillover allocation. And some do not like the interfiling. Remember, interfiling is like porting too.
Porting is the law right now. It is not easy to change the law these days.
Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.
My 2 cents.
Porting is the law right now. It is not easy to change the law these days.
Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.
My 2 cents.
hot two by Bruce Springsteen
TomTancredo
11-26 02:08 PM
Hello
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
more...
house BRUCE SPRINGSTEEN/CD GOLD DISC/ALBUM ART/GUITAR PICKS/COA/MASSIVE ITEM
vishage
09-21 10:36 AM
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
Hi
I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.
We're anxiously waiting for the receipt notice in the mail...
Hi
I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.
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sina
11-18 03:07 PM
Will send the email.
more...
pictures Bruce Springsteen - The
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.
dresses The album#39;s title suggests an
pappu
08-18 01:35 PM
IV Core is Busy withdrawing money from the bank account.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
more...
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kshitijnt
07-09 02:05 PM
damn the attachment. Sorry buddy I tried cant upload here.
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sanjay
02-09 11:38 AM
Original Transaction
Date Type Status Details Amount
Feb. 9, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 9, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
GO IV GO. TOGETHER WE CAN.
How did you contribute $20? Least amount in contribute section is $50. Let me know link for $20 and I will do it right away.
Date Type Status Details Amount
Feb. 9, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 9, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
GO IV GO. TOGETHER WE CAN.
How did you contribute $20? Least amount in contribute section is $50. Let me know link for $20 and I will do it right away.
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willwin
10-08 03:22 PM
We are all missing a point here.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
gsc999
07-06 07:22 PM
I saw your earlier post from this thread, where you are asking if it is ok to protest without having a permit. It seems you do not have aproper permit yet.
http://immigrationvoice.org/forum/showthread.php?p=98957#post98957
It seems you are member of this Chinese website http://www.mitbbs.com/, we welcome you to Immigration voice. We want to support you in this march but we need to have proper permits. Is it ok to reschedule this to 14th July so that we can gather the necessary permits and also inform all our Bay area members?
http://immigrationvoice.org/forum/showthread.php?p=98957#post98957
It seems you are member of this Chinese website http://www.mitbbs.com/, we welcome you to Immigration voice. We want to support you in this march but we need to have proper permits. Is it ok to reschedule this to 14th July so that we can gather the necessary permits and also inform all our Bay area members?
elaiyam
06-26 02:56 PM
http://www.uscis.gov/files/form/i-485.pdf
see page 5
My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA
see page 5
My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA
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