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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pd2001_12
09-10 02:54 PM
Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
KiranKashi
02-06 09:48 AM
Contributed $50.
Transaction ID for this payment is: 9HC60443VA201913V.
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
Transaction ID for this payment is: 9HC60443VA201913V.
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
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NKR
04-24 02:47 PM
Do you have any suggestions?
Yes I do.
If the employee needs to leave after two years and if he has had a good track record, relieve him in good terms, don�t scr** him.
If the employee helps in your business, you got to help him too (Just like the referral policy), don�t think that just because he works for you, he is obliged to help you in your business in other means, it is not in his list of roles and responsibilities.
It is the employer�s duty too to find projects, if the employee finds project for himself, then reward him with bonus.
Above all, the desi employers need to come out of cheap mentality and become more professionals.
Not that you care but I can give you more suggestions.
Yes I do.
If the employee needs to leave after two years and if he has had a good track record, relieve him in good terms, don�t scr** him.
If the employee helps in your business, you got to help him too (Just like the referral policy), don�t think that just because he works for you, he is obliged to help you in your business in other means, it is not in his list of roles and responsibilities.
It is the employer�s duty too to find projects, if the employee finds project for himself, then reward him with bonus.
Above all, the desi employers need to come out of cheap mentality and become more professionals.
Not that you care but I can give you more suggestions.
more...
blackberry
08-26 03:42 PM
My application reached NSC July 18th.
Check cashed :NO
Receipt : NO
Anybody from July 18th got their check cashed or got receipts.
LUD on I-140 07/28/2007
--BB
Check cashed :NO
Receipt : NO
Anybody from July 18th got their check cashed or got receipts.
LUD on I-140 07/28/2007
--BB
singhsa3
11-21 10:06 AM
It is really sad to hear that. I am no expert by any means but assuming that you are still a young family (say in mid thirties), I would suggest that unless your family is financially secure and have other family members here in the USA to lean on, I will suggest to at least consider the option of going back, irrespective of what the outcome of you green card process may be.
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guru76
02-05 02:40 PM
Contributed $50.
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rahulp
06-07 11:53 AM
Receipt# is printed on check after it's cashed.
In my case, my employer asked me to make checks payable to employer (for attorney fees as well as filing fees) and they cut the check for USCIS and attorneys. I don't understand how it helps them but delays in my getting the receipt#. If they let me pay directly to USCIS, I could at least get the receipt#s. My I-485 was received at NSC on 06/04/2007 morning.
In my case, my employer asked me to make checks payable to employer (for attorney fees as well as filing fees) and they cut the check for USCIS and attorneys. I don't understand how it helps them but delays in my getting the receipt#. If they let me pay directly to USCIS, I could at least get the receipt#s. My I-485 was received at NSC on 06/04/2007 morning.
more...
sledge_hammer
01-30 05:01 PM
Everyone does apply through a body shopper which is not right.. but is there a way out.
If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.
there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...
If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.
there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...
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vinabath
04-23 03:34 PM
any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
more...
jindhal
09-23 04:46 PM
With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate
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tonyHK12
02-12 11:20 AM
thanks vkjanam
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gccovet
02-10 02:22 PM
As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
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gsc999
07-06 07:22 PM
I saw your earlier post from this thread, where you are asking if it is ok to protest without having a permit. It seems you do not have aproper permit yet.
http://immigrationvoice.org/forum/showthread.php?p=98957#post98957
It seems you are member of this Chinese website http://www.mitbbs.com/, we welcome you to Immigration voice. We want to support you in this march but we need to have proper permits. Is it ok to reschedule this to 14th July so that we can gather the necessary permits and also inform all our Bay area members?
http://immigrationvoice.org/forum/showthread.php?p=98957#post98957
It seems you are member of this Chinese website http://www.mitbbs.com/, we welcome you to Immigration voice. We want to support you in this march but we need to have proper permits. Is it ok to reschedule this to 14th July so that we can gather the necessary permits and also inform all our Bay area members?
more...
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sidbee
07-28 01:14 PM
Just Chill Guys,
I am EB3, and i know we EB3 are screwed , and EB2 are luckier than us.
There is no need to fight,
If we dont get the GC , we can go back home(for me home is india) .... believe me home is not so bad( even after the blasts) Just enjoy your time here, live for the moment.
I work for an employer , whom i value more than EB2 , so i dont want to port to EB2(Even when i filed for EB3 , i was eligible for EB2 , But my lawyers assistant , just wanted to play safe) Everyone has his own preferences.
I think this is a post , for the EB3 to crib , and talk (humans feel good after doing that) so let us do that.
I am EB3, and i know we EB3 are screwed , and EB2 are luckier than us.
There is no need to fight,
If we dont get the GC , we can go back home(for me home is india) .... believe me home is not so bad( even after the blasts) Just enjoy your time here, live for the moment.
I work for an employer , whom i value more than EB2 , so i dont want to port to EB2(Even when i filed for EB3 , i was eligible for EB2 , But my lawyers assistant , just wanted to play safe) Everyone has his own preferences.
I think this is a post , for the EB3 to crib , and talk (humans feel good after doing that) so let us do that.
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Cali2006
07-02 08:41 AM
My status:
Jul 2, 2007 7:24 AM
At local FedEx facility
LINCOLN, NE
Jul 2, 2007 7:24 AM
At local FedEx facility
LINCOLN, NE
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purgan
10-25 07:36 PM
when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...
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Winner
02-10 08:12 AM
What question and answer?
Here is the transcript
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
Here is the transcript
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
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sukhyani
12-15 10:37 AM
Guys check out this article on Washington Post's website:
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401362.html
A whole lot of anti-immigrant folks are posting their comments. All the eloquent members of IV, please mount a counter attack!
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401362.html
A whole lot of anti-immigrant folks are posting their comments. All the eloquent members of IV, please mount a counter attack!
santhi_krishna
08-13 11:10 PM
Did you get this notice or did your lawyer? Do you have an I-140 LUD update?
My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.
My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.
Macaca
07-07 07:08 AM
Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007
Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007
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