nikreddy
06-26 05:46 PM
guys new to this forum. Was in another forum. But here is the real deal.
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
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ashkam
01-30 02:45 PM
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
RNGC
02-10 05:21 PM
[QUOTE=sanjay;316793]Santb1975,
Had this been a call to build some temple or religious place I bet we would had been collected 5 - 10 times more than what we are at now.
QUOTE]
Totally agree with this!
Had this been a call to build some temple or religious place I bet we would had been collected 5 - 10 times more than what we are at now.
QUOTE]
Totally agree with this!
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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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ak_manu
06-09 11:40 AM
Hi,
I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?
FYI,
I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.
I appreciate all of your comments.
Thanks!!
I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?
FYI,
I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.
I appreciate all of your comments.
Thanks!!
indianabacklog
11-21 03:53 PM
Mehul
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
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PDOCT05
09-10 03:04 PM
Follwoing user name person got his check cashed.
"rajvepa"
His appication reached at NSC 11:14AM and signed by F HEINAUER
Is your checks got cashed?
"rajvepa"
His appication reached at NSC 11:14AM and signed by F HEINAUER
Is your checks got cashed?
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Ramba
07-12 11:59 PM
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
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jonty_11
04-10 02:36 PM
Thats what exactly I have been asking.
ANyone done landing and returned to US with AP....???
I have more or less given up on the Can PR.
ANyone done landing and returned to US with AP....???
I have more or less given up on the Can PR.
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pcs
07-02 10:01 AM
They say, it will reach by noon tomorrow
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abracadabra
07-07 11:03 PM
Where you getting your number from? Did you already set up poll?
I appreciate your time in answering in asking this question. I am real serious about this issue. I am positive I can get more, as you know we desi have a very sleepy community, if we kick their as*** they all will come.
I appreciate your time in answering in asking this question. I am real serious about this issue. I am positive I can get more, as you know we desi have a very sleepy community, if we kick their as*** they all will come.
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senthil1
05-11 07:24 PM
In countries like Europe people need not come USA just for survival as that is a developed country. Also if they have to wait 10 years to get GC then no Europeans will apply GC as GC is not that much importance. USA will lose them. But it is not the case for indians. If you go out of country then hundreds of people are waiting to take your position in next flight in India. May be in future if Indians also does not bother about GC USA will come and give GC fast.
Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
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akhilmahajan
04-14 10:59 AM
I think you also need a Canadian address.
My bad, it totally skipped my mind.
PR cards can only be mailed with in Canada.
My bad, it totally skipped my mind.
PR cards can only be mailed with in Canada.
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desi3933
06-28 11:07 AM
desi - You seem to have in depth knowledge in this. All your posts put together gives the complete picture.
Thanks so much, for your kind words.
If not in IT field, I would have been in Immigration Law field.
.
Thanks so much, for your kind words.
If not in IT field, I would have been in Immigration Law field.
.
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mchatrvd
08-26 08:16 PM
Please also try writing to USCIS Director @
Director Alejandro Mayorkas
United States Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20001
Director Alejandro Mayorkas
United States Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20001
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cgeek4u
09-30 10:01 PM
I also applied on July 19th at NSC and no update yet. Looks like we still need to wait for few more days :-)
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sen_raju
07-13 12:54 AM
http://www.topix.net/content/trb/2007/07/quest-for-green-cards-leads-to-sweet-smelling-protest
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nfinity
07-05 10:59 AM
Yes, The word Gandhigiri is a combination of Gandhi - giri , the first is in reference to Mahatma Gandhi and giri is a slang for doing things in a certain way. Gandhigiri means protesting in a peacful way but in a way that embaresses the people being protested against.
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WantGreen
08-31 01:48 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
oh come on...Can't you see what a racist you are? I cannot believe someone can even think like this!!!!!!!!!!!
SO SICK.....
oh come on...Can't you see what a racist you are? I cannot believe someone can even think like this!!!!!!!!!!!
SO SICK.....
Jimi_Hendrix
12-14 06:13 PM
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
And yes, SKIL does not allow us to self petition, it is a travesty.
akkakarla
10-08 04:54 PM
Nobody is opposing it..it should be based on years of exp in US..I applied mine in 2001 and got laid off and now I have a priority date of jan 2007..is that FAIR?
So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.
So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.
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