jkays94
10-03 01:32 PM
I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...
well! best of luck to you guys! go on sharing your stories.
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
well! best of luck to you guys! go on sharing your stories.
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
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mp2007
11-08 10:31 AM
There is nothing wrong in wishing well to other fellow members on a festive occasion. Its just that its the wrong forum to do so.
And besides this thread was started by a member and not a moderator or senior IV staff, hence its his personal view so please do not accuse IV of being partial to any particular race or ethnicity.
Please don't draw this fight out of proportion and stay focussed on our mission.
Everyone has the right to speak and if other Nationalities want to wish their fellow countrymen on their festivals they should be allowed to do so. Also, under the same protection of free speech if anyone on the forum does not agree with someone's coments they should be able to rebut and criticise them.
And besides this thread was started by a member and not a moderator or senior IV staff, hence its his personal view so please do not accuse IV of being partial to any particular race or ethnicity.
Please don't draw this fight out of proportion and stay focussed on our mission.
Everyone has the right to speak and if other Nationalities want to wish their fellow countrymen on their festivals they should be allowed to do so. Also, under the same protection of free speech if anyone on the forum does not agree with someone's coments they should be able to rebut and criticise them.
lost_in_migration
09-20 12:31 PM
Well said... right on bulls eye.
I regularly visit IV and to my dismay "July 2 filers - Receipt Tracking" thread stays in the top 5 updated threads throughout the DC rally planning period. Many people on this tracking thread are not seen on any other thread :confused:
Previously those people were on VB thread ... now those people have got a promotion... those people are now on tracking thread:(
Simmer guys - sorry to cause ripples here.
By "those people" I mean the people that come to the forums only to either track which mail room boy signed for a package, or argue about who bad the inactivity of movement on a Priority Date movement would be.
"Those people" are not here to contribute, they aren't here to help anyway. They aren't interested in meeting their lawmakers, or attending a rally.
In all honesty, "those people", who are busy tracking not predicting probably don't give 2 hoots about bulletins anymore, they are content with 10 years of EAD / AP renewals but doing nothing to change that.
Its a gross generalization, of course, but I apologize if people took that as offensive. Sometimes the truth is a little annoying.
I was working at the rally for 4 days, and was checking the forums in my spare time still. Those tracking threads sure looked very active throughout the whole thing, despite a comparative hand full of IV members were working very hard to actually make change.
I regularly visit IV and to my dismay "July 2 filers - Receipt Tracking" thread stays in the top 5 updated threads throughout the DC rally planning period. Many people on this tracking thread are not seen on any other thread :confused:
Previously those people were on VB thread ... now those people have got a promotion... those people are now on tracking thread:(
Simmer guys - sorry to cause ripples here.
By "those people" I mean the people that come to the forums only to either track which mail room boy signed for a package, or argue about who bad the inactivity of movement on a Priority Date movement would be.
"Those people" are not here to contribute, they aren't here to help anyway. They aren't interested in meeting their lawmakers, or attending a rally.
In all honesty, "those people", who are busy tracking not predicting probably don't give 2 hoots about bulletins anymore, they are content with 10 years of EAD / AP renewals but doing nothing to change that.
Its a gross generalization, of course, but I apologize if people took that as offensive. Sometimes the truth is a little annoying.
I was working at the rally for 4 days, and was checking the forums in my spare time still. Those tracking threads sure looked very active throughout the whole thing, despite a comparative hand full of IV members were working very hard to actually make change.
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h1techSlave
01-15 12:14 PM
I have to respectfully disagree with the point 4 you have mentioned.
If a thug is attacking you, it is best to just obey what ever he is demanding. Under no circumstances, try to outsmart him. Us trying to outsmart a thug during a robbery will be like the thug trying to outsmart us in computer programming.
If a thug wants the car, just give him the keys and walk away. Insurance will pay us the price of the car - deductible. The same amount we will get, if we take our chance and destroy the car trying to outsmart the guy. And who knows, may be the 'thug' is a cousin of yours trying a prank on you. And in the dark, you could not really see his face.
Robbers charging your credit card is no big deal either. There are federal laws protecting us on incorrect credit card charges. Would you want to risk your life for just $50?
My prayers are with the family members.
let me quote from the news article:
It appears that it might have been a robbery. And I feel the hospital did not do much to save his life. Since he was shot in the leg (the bullet might have hit the main artery) its still possible to stop the bleeding. I personally feel he could have been saved, unless we know the full story.
I feel so sorry for the poor guy and their family. After all the hard work in life, he didn't deserve to die like this.
Folks, please be extra cautious when you get into in your car.
1) Always check the rear seat before getting in your car. A crook might be hiding there.
2) When you get inside a car that is parked in a building ( with insufficient lighting or no people around), immediately lock the door. Thats the first thing you have to do, and then arrange the shopping bag or item that are in your hand.
3) If some stranger is approaching you, be cautious, no matter how 'friendly' he looks. Think fast and look for exit signs and plan an exit run, should the need arise.
4) I read long time ago, if in the worst case, say a carjacker who gained access inside your car and hiding in the back seat. And if you have not noticed anything and you just started the vehicle and are about to go, he puts a knife of gun and asks directs you to drive his way, then, JUST SPEED UP STRAIGHT AND HIT THE WALL OR PILAR AS FAST AS YOU CAN. The air bag would protect you after the collision, but the passenger(carjacker) would be thrown out or would have sever body injuries. You would have enough time to escape with minor injuries.
5) Take precautions and don't loiter in areas that you not familiar with.
Be safe, folks!!!
If a thug is attacking you, it is best to just obey what ever he is demanding. Under no circumstances, try to outsmart him. Us trying to outsmart a thug during a robbery will be like the thug trying to outsmart us in computer programming.
If a thug wants the car, just give him the keys and walk away. Insurance will pay us the price of the car - deductible. The same amount we will get, if we take our chance and destroy the car trying to outsmart the guy. And who knows, may be the 'thug' is a cousin of yours trying a prank on you. And in the dark, you could not really see his face.
Robbers charging your credit card is no big deal either. There are federal laws protecting us on incorrect credit card charges. Would you want to risk your life for just $50?
My prayers are with the family members.
let me quote from the news article:
It appears that it might have been a robbery. And I feel the hospital did not do much to save his life. Since he was shot in the leg (the bullet might have hit the main artery) its still possible to stop the bleeding. I personally feel he could have been saved, unless we know the full story.
I feel so sorry for the poor guy and their family. After all the hard work in life, he didn't deserve to die like this.
Folks, please be extra cautious when you get into in your car.
1) Always check the rear seat before getting in your car. A crook might be hiding there.
2) When you get inside a car that is parked in a building ( with insufficient lighting or no people around), immediately lock the door. Thats the first thing you have to do, and then arrange the shopping bag or item that are in your hand.
3) If some stranger is approaching you, be cautious, no matter how 'friendly' he looks. Think fast and look for exit signs and plan an exit run, should the need arise.
4) I read long time ago, if in the worst case, say a carjacker who gained access inside your car and hiding in the back seat. And if you have not noticed anything and you just started the vehicle and are about to go, he puts a knife of gun and asks directs you to drive his way, then, JUST SPEED UP STRAIGHT AND HIT THE WALL OR PILAR AS FAST AS YOU CAN. The air bag would protect you after the collision, but the passenger(carjacker) would be thrown out or would have sever body injuries. You would have enough time to escape with minor injuries.
5) Take precautions and don't loiter in areas that you not familiar with.
Be safe, folks!!!
more...
chanduv23
10-10 03:09 PM
My folks are here visiting... so it will be difficult for me to attend... but i will try
Bring them along :D:D:D:D
Bring them along :D:D:D:D
jungalee43
04-26 08:05 AM
Big big thanks and congratulations to core team. This is courageuos & selfless work or may I say 'Nishkam Karmayoga'.
My second contribution of $100 is on its way.
My second contribution of $100 is on its way.
more...
hebron
05-29 01:52 PM
Agreed the statement "Indian Americans are brilliant" is too much generalisation, but Many of the immigrants from India and China are here because they are highly educated, so they put a lot of emphasis on academics, as a sports star might on his/her children in sports, likewise a movie star.
Its better to be guided by aspirations than to be misguided by carelessness.
Well said...
Its better to be guided by aspirations than to be misguided by carelessness.
Well said...
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masterpua
05-19 11:02 PM
Guys, let's make sure we Facebook and Twitter this. And anything else you kids are using these days...
more...
chanduv23
10-09 08:05 PM
^^^^^^^^^^^^^^^^^^
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virald
06-25 11:28 AM
Gentlemen,
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
This is interesting, since my lawyer mentioned otherwise. This might only for the first application or my lawyer could be wrong.:cool:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
This is interesting, since my lawyer mentioned otherwise. This might only for the first application or my lawyer could be wrong.:cool:
more...
VivekAhuja
06-30 02:12 PM
Even though Freedom_fighter's intentions are right, the intelligence is too low. Did he/she suddenly wake up and think 'WOW, I HAVE AN IDEA THAT WILL CHANGE THE WORLD. 600 million legal immigrants have not thought of this but I did?????".
The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".
The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".
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BharatPremi
10-23 03:48 PM
To avoid the struggle for standing in a "Ration Card" Queue we opted USA and now we find ourselves in GC queue. Queue is our fate..:)
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chanduv23
05-13 02:02 PM
chandu, would u mind sharing what the company u are working or worked for? so that we wont be facing hte same in the future
It was SPL Worldgroup (www.splwg.com) (now merged into Oracle Corp) . I guess Oracle may have better HR practices so u don't have to worry.
It was SPL Worldgroup (www.splwg.com) (now merged into Oracle Corp) . I guess Oracle may have better HR practices so u don't have to worry.
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GCWhru
09-06 12:12 PM
This is the case of harrasment. I am sure he will definitely have a laugh with his group later.
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miththoo
11-07 11:35 PM
Yes I did do quite a bit of trading, sometimes on phone from here...It all stopped when they suspended my account for lack of PAN information.
Thanks. But then how did you deal with the tax liability in India ? Did you file the tax return at the end of year or was the capital gain tax deducted at source by the bank itself ?
Thanks. But then how did you deal with the tax liability in India ? Did you file the tax return at the end of year or was the capital gain tax deducted at source by the bank itself ?
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sroyc
07-30 06:17 PM
No its official. From Feb 2008 federal skilled worker class is restricted to people with 1 year Canada work or student experience or 38 occupations only.
Now only people who have studied or worked in Canada on work permit are eligible.
That doesn't contradict anything I said. I was referring to the 38 occupations where you do not need Canadian work experience. I agree that the list is much more restrictive than before. The other way around it is to have a job offer. All I said was that Canadian work/student experience is not mandatory.
Now only people who have studied or worked in Canada on work permit are eligible.
That doesn't contradict anything I said. I was referring to the 38 occupations where you do not need Canadian work experience. I agree that the list is much more restrictive than before. The other way around it is to have a job offer. All I said was that Canadian work/student experience is not mandatory.
more...
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vik_tx
05-16 12:24 PM
now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)
does any one have membership to the aila website.. I am curious to see whats posted behind the below link on the site..
Just Posted
DOL Final Rule on Substitutions and Other Labor Certification Issues
http://aila.org
does any one have membership to the aila website.. I am curious to see whats posted behind the below link on the site..
Just Posted
DOL Final Rule on Substitutions and Other Labor Certification Issues
http://aila.org
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h1techSlave
02-24 06:14 PM
sending flowers did work for us.
You mean to say sell US real estate for GC/citizenship? I don't see this going very far. I can see anti immigrants waiting for this one. Best is to lobby using aides of big corporations, developing relationship with lobbyists who already have connections, hiring lawyers, developing strong case, donations in election campaigns etc. All of this needs loads and loads of money. Are we ready to donate to IV and build strong lobbying group for our cause? That is the only way to change our current situation.
Sending flowers, sending pizzas, sending all these proposals will only fall on deaf years. Congress understands language of money to pass laws, Rest of the country/orgranizations understand language of laws/court.
You mean to say sell US real estate for GC/citizenship? I don't see this going very far. I can see anti immigrants waiting for this one. Best is to lobby using aides of big corporations, developing relationship with lobbyists who already have connections, hiring lawyers, developing strong case, donations in election campaigns etc. All of this needs loads and loads of money. Are we ready to donate to IV and build strong lobbying group for our cause? That is the only way to change our current situation.
Sending flowers, sending pizzas, sending all these proposals will only fall on deaf years. Congress understands language of money to pass laws, Rest of the country/orgranizations understand language of laws/court.
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akred
04-15 05:57 PM
^
vdlrao
09-07 03:36 PM
Hi,
Are there upadates on the info file that we have filed to know the approved lobors in each category by year(month) wise. Can you please update us.
Are there upadates on the info file that we have filed to know the approved lobors in each category by year(month) wise. Can you please update us.
ravi.shah
03-10 10:42 AM
Next time someone questions IV's efforts, I am going to bluntly ask them if they contributed or came for the advocacy day event. If they did neither, we do not need their 2 cents of free comments.
I would again suggest to go for paid Forum for everyone. Treat desi's like desi's.
Free means one gets all kinds of public answers hindering IV's efforts.
Dont mean to start the same conversation again, but Pappu - do give it a thought.
Thanks.
I would again suggest to go for paid Forum for everyone. Treat desi's like desi's.
Free means one gets all kinds of public answers hindering IV's efforts.
Dont mean to start the same conversation again, but Pappu - do give it a thought.
Thanks.
