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.
wallpaper TRANSFORMERS: DARK OF THE MOON
gccovet
02-12 10:52 AM
bump^^^^^^^
mk26
02-01 12:58 PM
Contributed $100.00 for the Advocacy days in April 2011
2011 him so many opitmus prime
reddysn
05-27 01:39 PM
I sent mail to all 12 senators mentioned
more...
nefrateedi
08-01 06:52 PM
My I140 was approved at California center and my 485 is sent to Nebraska on june 22. Is that a problem?
You are fine. The direct filing update is only as of July 30.
You are fine. The direct filing update is only as of July 30.
txh1b
08-26 01:09 PM
CPO today. Case at local office. Had 1 interview where all documents for status and taxes were checked for the past 12 years. Never had a problem or gap in status and IO was surprised why the case came to local office. I was atleast happy that the interview is the worst thing that can happen and I am done through that.
After 3 infopass appts, 2 SRs in all have the CPO in hand.
Good luck all.
After 3 infopass appts, 2 SRs in all have the CPO in hand.
Good luck all.
more...
anzerraja
07-20 12:24 AM
Thanks !!!
count on me $100 and let me know how and when to pay
count on me $100 and let me know how and when to pay
2010 Optimus Prime is set to
kopra
08-25 09:03 AM
I Remember US companies directly recruiting from India during 1997-99 .This was a very costly affair for the companies. They used to take phone interviews, and then sponsor the H1B for the employee with very high Compensation, pay the tickets for employee and family( usually first class) , give hotel/furnished apartments for 1-2 months, Rental cars etc. This was done when there was a genuine need for the company to hire H1B's as they could not find enough qualified people in US. By 2000 the equation changed and small H1b companies started appearing like mushrooms in most of the big cities who asked for H1B filing fees. Companies were also gaining from this as they have no legal hassle of H1b and the rates were competitive.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
more...
snathan
02-11 10:11 PM
Sent $20 check today.
Folks, please consider contributing to the campaign.
Thanks a lot and its $1621
Come on guys
Folks, please consider contributing to the campaign.
Thanks a lot and its $1621
Come on guys
hair Transformers: Dark of the Moon
sss9i
07-20 10:50 AM
I will pledge $ 100.
more...
ivjobs
06-26 02:25 AM
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...
hot dark of the moon poster
Vysh
08-27 11:15 AM
My husband's case was refiled on July 31st. The checks have not been cashed yet.
Please update if anyone else's checks have been cashed around the same time.
Vysh
Please update if anyone else's checks have been cashed around the same time.
Vysh
more...
house Michael Bay#39;s Transformers
srini1976
09-30 12:15 AM
What happens when 485 is pending for more than 180 days and a person already used EAD for his current JOB(because of the policy of the Employer saying that: Once they apply for EAD employee needs to use EAD and company will not extend H1B anymore). Eventually employee will use EAD.
The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?
Please provide some input. All your opinions would help many folks!
The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?
Please provide some input. All your opinions would help many folks!
tattoo Transformers: Dark of the Moon
shukla77
11-21 01:14 PM
Mehul,
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.
more...
pictures The New Transformers: Dark of
buddyinsd
08-31 04:21 PM
note to admins: Please track down the ip address of this person. I'm gonna sue this person and i am dead serious. Please pm me with this person's ip address and i'll make sure i'll take action against him/her.
all you freaking south indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between north and south - can we just seperate the telugu, kanada, tamil and malayalam people from the north and the rest of us northeners will be just fine :)
all you freaking south indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between north and south - can we just seperate the telugu, kanada, tamil and malayalam people from the north and the rest of us northeners will be just fine :)
dresses Transformers: Dark Of The Moon
royus77
08-03 04:55 PM
I called IO today, still no information in system about my I-485 application that I filed June 28. What is funny is they can find my H1 extension that I filed on July 22 ??!!
I asked if my case will be transfered to Texas as my I-140 is approved from Texas, answer: Yes it will transferred to Texas IF they need to. So it is not a must. we will see..
Hello Gc ,
Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC
I asked if my case will be transfered to Texas as my I-140 is approved from Texas, answer: Yes it will transferred to Texas IF they need to. So it is not a must. we will see..
Hello Gc ,
Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC
more...
makeup Another one-sheet poster for
gondalguru
09-02 07:33 PM
Received the EAD cards today in mail for me and my wife.
Valid for 2 years.
Applied at TSC with RD of July 7th.
Valid for 2 years.
Applied at TSC with RD of July 7th.
girlfriend Transformers: Dark of the Moon
simple1
05-01 03:38 PM
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
If our interpretation is correct, how many of you are willing to sue CIS??
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
If our interpretation is correct, how many of you are willing to sue CIS??
hairstyles Dark of the Moon poster:
ksiddaba
07-10 07:52 AM
An immigration voice member from DC area must do to the USCIS office to see what's happening to the flowers and take a few pictures while he/she is there.
purplehazea
06-26 10:47 AM
Hi Jamie,
I do not think anyone should doubt the hard work and sincerity of illegal immigrants - be they mexican or any other nationality. All these folks come to USA seeking a better life. It is a fact that politicians have used illegal immigration to their advantage - how it suits them at a particular point in time. SO I do respect the hard working nature and contribution of illegal immigration.
However you will have to appreciate that the government's policy of grouping legal and illegal immigrants in any legistative decision has proven to be a nightmare for the legal immigrants. You will also appreciate that issues and circumstances surrounding legal immigrants are substantially different from illegal immigrant issues. However legal immigrants have to face the brunt of retrogression and other processing delays due to:
1) A nonsensical approach of first letting illegal immigrants to work here, not giving them their rights for long years or enforcing the laws to deport them and then suddenly legalizing the illegals, without improving INS/DHS processes or infrastructure/Visa quotas.
2) Prospects of another huge influx of legalization which as we all know, the INS is not capable of processing with its existing operational capabilities.
I am hopeful that whatever law emerges in the next year or two should handle illegal and legal issues separately. As far as xenophobia towards hispanics, everybody has their own view, so you cannot unfairly generalize that Indians have this racism towards mexican illegals. Personally, I do not have a problem with people expressing their ethnic identity, but as we know everybody need not think like us and everybody is entitled to an opinion.
Good luck and please continue to work for relief for legal immigrant community.
I do not think anyone should doubt the hard work and sincerity of illegal immigrants - be they mexican or any other nationality. All these folks come to USA seeking a better life. It is a fact that politicians have used illegal immigration to their advantage - how it suits them at a particular point in time. SO I do respect the hard working nature and contribution of illegal immigration.
However you will have to appreciate that the government's policy of grouping legal and illegal immigrants in any legistative decision has proven to be a nightmare for the legal immigrants. You will also appreciate that issues and circumstances surrounding legal immigrants are substantially different from illegal immigrant issues. However legal immigrants have to face the brunt of retrogression and other processing delays due to:
1) A nonsensical approach of first letting illegal immigrants to work here, not giving them their rights for long years or enforcing the laws to deport them and then suddenly legalizing the illegals, without improving INS/DHS processes or infrastructure/Visa quotas.
2) Prospects of another huge influx of legalization which as we all know, the INS is not capable of processing with its existing operational capabilities.
I am hopeful that whatever law emerges in the next year or two should handle illegal and legal issues separately. As far as xenophobia towards hispanics, everybody has their own view, so you cannot unfairly generalize that Indians have this racism towards mexican illegals. Personally, I do not have a problem with people expressing their ethnic identity, but as we know everybody need not think like us and everybody is entitled to an opinion.
Good luck and please continue to work for relief for legal immigrant community.
dingudi
12-07 03:57 PM
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
All,
For your info, mine is not a transfer case. My application was filed directly with TSC on July 2nd and I have received 485 receipt notices from TSC itself. So delay in FP has nothing to do with transfer case.
I spoke to an IO today and my FP has still not been scheduled yet. Got the same old reply , waiting for an availalibilty from local ASC.
All,
For your info, mine is not a transfer case. My application was filed directly with TSC on July 2nd and I have received 485 receipt notices from TSC itself. So delay in FP has nothing to do with transfer case.
I spoke to an IO today and my FP has still not been scheduled yet. Got the same old reply , waiting for an availalibilty from local ASC.
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