desi3933
07-09 11:19 AM
it says nothing about who can file an application.
it only says the "status may be adjusted" IF.....
I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).
Also, read (3) again in previous post
an immigrant visa is immediately available to him at the time his application is filed.
Do you know that "his application" means here. Right, it is I-485 application.
______________________
Not a legal advice.
it only says the "status may be adjusted" IF.....
I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).
Also, read (3) again in previous post
an immigrant visa is immediately available to him at the time his application is filed.
Do you know that "his application" means here. Right, it is I-485 application.
______________________
Not a legal advice.
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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.
HarshJ
12-13 03:21 PM
By "filing" in my above comment, I meant filing a SR for FP appointment. I already have my EADs and APs
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anilsal
12-16 01:34 PM
to motivate and console each other. This is what IV is all about. :cool:
more...
thomachan72
02-01 12:59 PM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
Wondering how they would adjust to the tests, languages, discipline etc etc
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
Wondering how they would adjust to the tests, languages, discipline etc etc
hiUS
09-19 10:04 AM
I had info pass appointment today in Newark they asked my
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.
I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.
8/12/08 - Approval Notice sent email
8/18/08 - Approval Notice sent mail (post)
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.
I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.
8/12/08 - Approval Notice sent email
8/18/08 - Approval Notice sent mail (post)
more...
Macaca
07-08 12:33 PM
A GC is allocated after AOS application has been approved. An AOS application may not use up a GC # available in current year's quota (due to name check delays). Thus, AOS application submission is reasonably independent of currently available GC #'s.
However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
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glen
05-04 02:56 PM
I agree. Every little bit will help, when numbers are not moving at all.
I disagree a little bit - this will help people in EB3 indirectly
A lot of people in EB2 and EB3 can qualify for auto adjustment of status now, so it will remove people from EB3 queue making it smaller.
I disagree a little bit - this will help people in EB3 indirectly
A lot of people in EB2 and EB3 can qualify for auto adjustment of status now, so it will remove people from EB3 queue making it smaller.
more...
PD_Dec2002
07-08 11:27 AM
i agree.. thats being professional and ethical..
Yes, but I won't be surprised if the USCIS lawyers interpret the law to suit their convenience. And even worse, the judge buys it.
Thanks,
Jayant
Yes, but I won't be surprised if the USCIS lawyers interpret the law to suit their convenience. And even worse, the judge buys it.
Thanks,
Jayant
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bomber
07-04 12:02 PM
man I could swear that was me posting except my priority date is in 2004.
maybe we have the same lawyer.
Same deal here.
maybe we have the same lawyer.
Same deal here.
more...
manderson
10-20 02:34 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?
I am not trying to bring everybody down. Just weighting my options in case Plan A (i.e. SKILL Act) doesn't work. This looks like an analysis thread and a good place to play the devil's advocate...
I am not trying to bring everybody down. Just weighting my options in case Plan A (i.e. SKILL Act) doesn't work. This looks like an analysis thread and a good place to play the devil's advocate...
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CADude
10-11 04:09 PM
Wakeup guys/gals, work for FIFO otherwise your wait will be 2 days to 100 days on RIRO process.
Please participate in tomorrow teleconference with CIS Ombudsman�s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
Please participate in tomorrow teleconference with CIS Ombudsman�s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
more...
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ThinkTwice
07-19 07:00 PM
UDAMAN!
count me in also ....
count me in also ....
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hindu_king
05-08 03:17 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
more...
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bebar
06-15 11:52 AM
Filed June1st. But still waiting for receipt notification.
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land of dreams
02-10 08:24 PM
To the Gurus,
I have a couple of questions regarding my AC21 portability, please post your thoughts on this
1) My 140 is approved and 485 is pending more than 180 days and I am planning to change my job. If my old employer does not cancel the approved 140, do I need to inform USCIS about the change of job??
2) Can I change multiple jobs??
3) Has anyone done that??
Please comment on this.
I have a couple of questions regarding my AC21 portability, please post your thoughts on this
1) My 140 is approved and 485 is pending more than 180 days and I am planning to change my job. If my old employer does not cancel the approved 140, do I need to inform USCIS about the change of job??
2) Can I change multiple jobs??
3) Has anyone done that??
Please comment on this.
more...
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royus77
07-11 10:27 PM
Originally Posted by conchshell
Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about. :D.......
Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about. :D.......
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raghav0
11-17 03:50 PM
Done - Thanks!!
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anilsal
08-13 11:22 PM
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
sanjay
12-19 02:02 PM
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
clockwork
07-02 08:37 AM
Hi Guys,
What does your fedex package delivery status say? Out for delivery?
What does your fedex package delivery status say? Out for delivery?
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