sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
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gbof
08-27 01:34 PM
GC comes with a 'sleeve' to keep the card safely. The pouch in the sleeve have special silver lining to prevent 'de-magnetisation' over the period. Please, take due care as its not easy to get replacement.
I was advised so, at SSA. As I was about to put the card in my wallet (Ya, I went to SSA to update my ssn) gentleman at the window interrupted me. I thought I should share this small tip with IVian fella.
Good luck to everyone !!
I was advised so, at SSA. As I was about to put the card in my wallet (Ya, I went to SSA to update my ssn) gentleman at the window interrupted me. I thought I should share this small tip with IVian fella.
Good luck to everyone !!
![kmart light bulb. KMart commercial [1980]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_vRED53NS6zV-p4dDQLtoC8sw9wD1T1fNNEpbPRPiKbn_oFe3wC-KnUcvC1yc3ATxoVhOezeOea9VHA_tPvsa6QIWV_sNnftXpQwA=s0-d "KMart commercial [1980]")
apahilaj
08-06 02:40 PM
when you are able to view the back side of the checks, could you please let us know if they have SRC or LIN for the receipt numbers? That would help lots of users here answer their question about what service center is processing transfer cases...
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reddymjm
06-12 10:52 AM
I think both Attorney and we will get the receipts. By the way it may be too early to ask but can't control it .. any one got FP notice or EAD's?
Some months back two of my friends got EAD,FP Notice immediately.
If your case is at Texas you can dream about it. You will get FP in a month. Last I heard was EAD in 6 weeks. But you never know....:)
Some months back two of my friends got EAD,FP Notice immediately.
If your case is at Texas you can dream about it. You will get FP in a month. Last I heard was EAD in 6 weeks. But you never know....:)
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ca_immigrant
02-01 11:41 PM
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....
@ asdcrajnet - All the very best to you !! May you have a great life back home !!
@Thakkar
I agree there are many issues we have back home but after all it is our country -:)
there is something that pulls me back to and we are also thinking we will go back in the next couple of years. It will not be easy as we love this country too...but then one of the main reasons we are going back is the way is the culture here... I am not very comfortable with the culture here and would like my kids to have the Indian culture...I agree there is a lot of westernization back home too...but I guess there is some hope there still to have a little control on the kids...or help them go the right way...here I am not saying it is wrong...but is a totally different culture....which is what I am not able to digest....
Also, we are alone here no family or extended family and that too is not easy (I think)
Lack of social support....
I respect this country a lot and love this country (and my country too -:) ...I am what I am today because of India and US.
If we end up going (I am sure at some point we will), we will always be greatful to America !!!
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....
@ asdcrajnet - All the very best to you !! May you have a great life back home !!
@Thakkar
I agree there are many issues we have back home but after all it is our country -:)
there is something that pulls me back to and we are also thinking we will go back in the next couple of years. It will not be easy as we love this country too...but then one of the main reasons we are going back is the way is the culture here... I am not very comfortable with the culture here and would like my kids to have the Indian culture...I agree there is a lot of westernization back home too...but I guess there is some hope there still to have a little control on the kids...or help them go the right way...here I am not saying it is wrong...but is a totally different culture....which is what I am not able to digest....
Also, we are alone here no family or extended family and that too is not easy (I think)
Lack of social support....
I respect this country a lot and love this country (and my country too -:) ...I am what I am today because of India and US.
If we end up going (I am sure at some point we will), we will always be greatful to America !!!
rameshvaid
11-19 01:52 PM
Seems like they have or are going to block all mass e-mails in future..
Pappu: I did leave messages for Immigration Aide @ Senator Brown and Senator Voinovich office and have not heard back from them.. Will update once hear back from them.. Seems they all are already in holiday mode..
Thank you for contacting my office. I genuinely appreciate your e-mail and thank you for sharing your thoughts with me. As with all communications with my office, your views have been recorded.
Every day, I hear from the people of Ohio through their phone calls, letters and faxes to my office. As you can imagine, I also receive a significant number of e-mails daily. Mass-generated e-mails sent by a third-party group, which are usually form text, have hindered my ability to respond to the e-mails, phone calls, letters and faxes that I receive. Due to the increasing number of mass-generated e-mails received by my office, effective March 16, 2007, my office will be implementing changes to the constituent correspondence process.
Consequently, I have established a new system on my website to better serve Ohio constituents. If you would like a written response to your e-mail, please go to .: United States Senator George Voinovich :: Home :. (http://voinovich.senate.gov) and click on the CONTACT tab to fill out the web CONTACT FORM. By filling out this form, you will receive a written response from my office.
Thank you for your patience. Should you experience any problems with my web CONTACT FORM, please call my office at 202-224-3353 and my staff will be happy to guide you through the electronic correspondence process.
Sincerely,
George V. Voinovich
United States Senator
Pappu: I did leave messages for Immigration Aide @ Senator Brown and Senator Voinovich office and have not heard back from them.. Will update once hear back from them.. Seems they all are already in holiday mode..
Thank you for contacting my office. I genuinely appreciate your e-mail and thank you for sharing your thoughts with me. As with all communications with my office, your views have been recorded.
Every day, I hear from the people of Ohio through their phone calls, letters and faxes to my office. As you can imagine, I also receive a significant number of e-mails daily. Mass-generated e-mails sent by a third-party group, which are usually form text, have hindered my ability to respond to the e-mails, phone calls, letters and faxes that I receive. Due to the increasing number of mass-generated e-mails received by my office, effective March 16, 2007, my office will be implementing changes to the constituent correspondence process.
Consequently, I have established a new system on my website to better serve Ohio constituents. If you would like a written response to your e-mail, please go to .: United States Senator George Voinovich :: Home :. (http://voinovich.senate.gov) and click on the CONTACT tab to fill out the web CONTACT FORM. By filling out this form, you will receive a written response from my office.
Thank you for your patience. Should you experience any problems with my web CONTACT FORM, please call my office at 202-224-3353 and my staff will be happy to guide you through the electronic correspondence process.
Sincerely,
George V. Voinovich
United States Senator
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RSM1444
02-10 07:06 PM
Double Post Deleted
2010 KMart commercial [1980]
abq_gc
09-02 08:10 PM
What are the steps to be taken after receiving GC ?
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GCKaIntezar
05-23 12:29 PM
The point system has worked well in both Canada and New Zealand and have moved those who meet the threshold through the immigration system faster. As an non paying IV member, I am not in favor of opposing the current bill.
Where did you get this idea that IV is opposed to the point system? Any reference to the IV analysis or the core member response would be appreciated before you put such a claim.
We have identified our objectives clearly. Taking a position for the bill (in favor of or in opposition to) does not neccesarily mean that we want to kill this bill, but instead we like the congress to treat this community fairly and at parity with the undocumented immigrants and family-based applicants in the current Immigration Reform bill S. 1348.
Where did you get this idea that IV is opposed to the point system? Any reference to the IV analysis or the core member response would be appreciated before you put such a claim.
We have identified our objectives clearly. Taking a position for the bill (in favor of or in opposition to) does not neccesarily mean that we want to kill this bill, but instead we like the congress to treat this community fairly and at parity with the undocumented immigrants and family-based applicants in the current Immigration Reform bill S. 1348.
hair The Blue Light special
waitforusagc
02-24 04:34 PM
Go IV!! keep up the good work! I am sure this will make a difference.
cannot make it in person but Contributed $100 Just now.
receipt number for this payment is: 0133-2293-2397-5859.
cannot make it in person but Contributed $100 Just now.
receipt number for this payment is: 0133-2293-2397-5859.
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desi3933
07-10 06:50 AM
Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.
Total BS. Do you have any reference link for case denials?
You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.
.
Total BS. Do you have any reference link for case denials?
You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.
.
hot clientKMart; directorMarcus
knnmbd
05-05 03:33 PM
What drives the decision for a bill to be considered in Congress/Senate? WHY can't we pitch SKIL or TALENT Bills as a means to separate legal immigration from the ongoing CIR debate?
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
No one is prepared to jeopardize their political careers over 12 million illegal immigrants. Thought I have said in my earlier posts that we cannot alienate ourselves from the illegal issue I think we need to take the next step and start to contact the senators who have introduced and backed the SKIL, PACE and TALENT act to see if this can be pushed through senate and congress as seperate bills.
Is the core team looking in to this? There have been a lot of heated arguments on this thread as to the lack benefit to ALL LEGAL IMMIGRANTS with these bills, but we need to look at the bigger picture.PLEASE REMBEMBER THAT IF THE SKIL,PACE OR TALENT goes through a lot of people will benefit directly and will clear the way for folks that will not get immediate benefit from the passage of the bill.SO ALL OF US WIN,and that's important.
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
No one is prepared to jeopardize their political careers over 12 million illegal immigrants. Thought I have said in my earlier posts that we cannot alienate ourselves from the illegal issue I think we need to take the next step and start to contact the senators who have introduced and backed the SKIL, PACE and TALENT act to see if this can be pushed through senate and congress as seperate bills.
Is the core team looking in to this? There have been a lot of heated arguments on this thread as to the lack benefit to ALL LEGAL IMMIGRANTS with these bills, but we need to look at the bigger picture.PLEASE REMBEMBER THAT IF THE SKIL,PACE OR TALENT goes through a lot of people will benefit directly and will clear the way for folks that will not get immediate benefit from the passage of the bill.SO ALL OF US WIN,and that's important.
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house Perth,Australia - Kmart
JunRN
08-31 05:30 PM
One more week for me....I'm a July 31st filer...
tattoo some light bulbs and screw
miapplicant
10-04 11:29 AM
Applied on July 19 at NSC and still nothing.
I am also July 23rd at NSC. I think we need to start our own thread.
I am also July 23rd at NSC. I think we need to start our own thread.
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pictures Perth,Australia - Kmart
gc28262
06-28 09:33 AM
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
dresses Light Bulb
Abhishika
11-21 07:08 AM
Sorry to hear this.
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
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WaitingYaar
02-06 10:34 AM
Just wondering if anyone on the forum has experience at Ottawa international while returning with either AVR or AP. Also, is there a preference if you have both AVR and AP, what to use to enter back into US? Thanks.
girlfriend LIGHT BULB 7-1/2W 1 each
new2gc
09-03 11:48 AM
Yes, u r lawyer is right. It is fine to skip.
Thanks Chantu for the quick response.
Thanks Chantu for the quick response.
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MYGC2008
09-09 04:35 PM
I received 2-emails one 9/5 and one on 9/9 with the same message saying my EAD card production Ordered. I don't know why they have sent 2 emails.
I am still waiting for my wife's approval. Even though we applied on same day.
ND: 07/25
TSC
I am still waiting for my wife's approval. Even though we applied on same day.
ND: 07/25
TSC
ilikekilo
05-23 07:44 AM
SENT emails to all jsut now...Thanks IV for putting this 4 us. good luck 4 us
nc14
08-18 03:00 PM
I just got red :)
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