sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
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reddymjm
05-01 09:49 AM
Will try to get 20 more from my colleagues.
sam_hoosier
12-16 07:01 PM
Eveyone says that. Nobody actually goes back.
I know quite a few people who have gone back in the last year ;), and contrary to perception are quite happy with the choice they made.
I know quite a few people who have gone back in the last year ;), and contrary to perception are quite happy with the choice they made.
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Hewa
11-17 04:10 PM
+1, plus friends
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mrajatish
05-04 02:43 PM
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.
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.
mmk123
11-18 07:19 PM
action item done by me and my wife.
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dixie
06-24 04:47 PM
I say.. focus our efforts on us for the time being.. differentiate ourselves from the undocumented..
Its not as if we havent been trying all this time. Look what we are up against : we have neither the numbers of the illegals nor the lobbying power of the entire agriculture industry (not to speak of the church) behind us. The story of a law-abiding,tax-paying resident trying to remain here just does not make for a glamorous cause for either the media or the politicians. Whatever little attention the media gives us is gobbled up by either the H1-B visa increase lobbyists or someone complaining about not being able to re-unite with his wife/brother etc etc in the US !! And to top it all, the anti-immigrationalists will go out of their way to see us clubbed together with the illegals; even as they shed crocodile tears for legal immigrants affected by amnesty.
In short, none of the "movers and shakers" have a vested interest in us.Thats the hard truth.
Its not as if we havent been trying all this time. Look what we are up against : we have neither the numbers of the illegals nor the lobbying power of the entire agriculture industry (not to speak of the church) behind us. The story of a law-abiding,tax-paying resident trying to remain here just does not make for a glamorous cause for either the media or the politicians. Whatever little attention the media gives us is gobbled up by either the H1-B visa increase lobbyists or someone complaining about not being able to re-unite with his wife/brother etc etc in the US !! And to top it all, the anti-immigrationalists will go out of their way to see us clubbed together with the illegals; even as they shed crocodile tears for legal immigrants affected by amnesty.
In short, none of the "movers and shakers" have a vested interest in us.Thats the hard truth.
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viveckj99
10-02 03:32 PM
I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek
Vivek
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unitednations
03-08 10:07 PM
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
hair Hilton Long Island/Huntington
wait4ever
08-08 11:55 AM
Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!
I got the e-mail saying that they have mailed my 485 approval notice on August 4 - but nothing after that - will the notice come to me at home or will it go to the lawyer - also how long before the card production e-mail gets here - not that I am in a tearing hurry - I have waited several years so what is another month ?
Thanks
I got the e-mail saying that they have mailed my 485 approval notice on August 4 - but nothing after that - will the notice come to me at home or will it go to the lawyer - also how long before the card production e-mail gets here - not that I am in a tearing hurry - I have waited several years so what is another month ?
Thanks
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siva9
09-10 09:35 AM
Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
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go_getter007
12-17 12:33 PM
You may want to focus on (and be thankful for) what you have out of the following:
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
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house Long Island is New York#39;s
gc_sri
08-29 12:54 AM
Received on jul 23rd NSC...
No receipts yet...
No receipts yet...
tattoo Map of Long Island with the
ganguteli
03-06 05:18 PM
For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
http://groups.yahoo.com/
While it is temptig to start an agenda item and group, I do not think time is right. You may end up too muchg attention in the bad economy and anti-immigrant atmostphere. It is better not to go on offensive and instead work on saving your job.
http://groups.yahoo.com/
While it is temptig to start an agenda item and group, I do not think time is right. You may end up too muchg attention in the bad economy and anti-immigrant atmostphere. It is better not to go on offensive and instead work on saving your job.
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pictures Excellent Long Island
dingudi
03-23 05:29 PM
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
Like Dard-E-Disco pointed, that is the link I am aware of regarding someone getting the RFE. Also you will not know what may happen at POE unless you travel and find out yourself.
I had also landed in canada in 2004 and came back to US but at that time my I-140 was also not filed. But as soon as my I-1485 got filed last year I had to take a decision whether I want US GC or canadian GC because my 3 year validity for canada GC was getting over last year. So I decided not to pursue canada GC and just stick to getting a US GC.
Believe me I had also invested so much money and time in trying to canadian GC but because my AOS got filed last year, I made the decision to let go of my canadian GC.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
Like Dard-E-Disco pointed, that is the link I am aware of regarding someone getting the RFE. Also you will not know what may happen at POE unless you travel and find out yourself.
I had also landed in canada in 2004 and came back to US but at that time my I-140 was also not filed. But as soon as my I-1485 got filed last year I had to take a decision whether I want US GC or canadian GC because my 3 year validity for canada GC was getting over last year. So I decided not to pursue canada GC and just stick to getting a US GC.
Believe me I had also invested so much money and time in trying to canadian GC but because my AOS got filed last year, I made the decision to let go of my canadian GC.
dresses Long Island, New York;
prashantkh
06-23 05:06 PM
I agree, another argument in support is that if the situation of skilled legal immigrants does not improve many of them may consider other options like Canada, Australia, UK, NZ or even going back home. The employers most likely will outsource the jobs to other countries and once that happens that position is permanently gone from US. Hoewver, if an immigrant is working here the position is still here in US and can be taken by a citizen or a resident here if the immigrant workers leaves the job position.
PK
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
PK
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
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makeup Bay Shore Long Island, New
desi3933
06-27 03:07 PM
When i have to make my hands wet anyway - how about sending the resignation letter via a Lawyer along with Points that goes against the agreement ?
That may silence them and it will cost me 2-3 grands hardly - what do you say.
1. Is there any notice period mentioned in the agreement?
2. I am not sure if sending resignation letter by lawyer is a good idea. It seems that you hate him big time.
3. Sending a letter with points against agreement may or may not work. Depends on lot of factors (like how much money they are making thru your contract).
4. If they sue you, you could lose more than 10,000 (include time and peace of mind).
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
That may silence them and it will cost me 2-3 grands hardly - what do you say.
1. Is there any notice period mentioned in the agreement?
2. I am not sure if sending resignation letter by lawyer is a good idea. It seems that you hate him big time.
3. Sending a letter with points against agreement may or may not work. Depends on lot of factors (like how much money they are making thru your contract).
4. If they sue you, you could lose more than 10,000 (include time and peace of mind).
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
girlfriend A map of the Village of East
needhelp!
02-26 01:56 PM
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
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mariusp
03-18 11:58 AM
Called two weeks ago as per my post above. No FP yet. At this point I don't even care anymore... :(
bhavinkanani
08-25 11:10 PM
labor dec 2003 eb 3 i-140 filed on feb 2007 from nebraska, i-485 mailed on june 29th reached on july 3rd to texas at 9;04 am signed by V ANGEL no receipts, no checks cashed
sankap
07-10 02:42 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking). My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
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