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  • Ramba
    07-10 02:11 PM
    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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  • SunnySurya
    08-18 02:57 PM
    No with love and logic... By the way check your PM. Let me know if I am guessing it right about who u are?
    you manage people with a stick ?? :)




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  • chanduv23
    08-26 01:05 PM
    I did and I got a response in mail saying there are extremely high volume of cases filed before me, that is why it is taking time.

    Hmmm, and congressman or senator?
    Keep pursuing, you may find help from some direction.




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  • dreamworld
    08-16 12:36 PM
    PD: EB3 - Mar 2004
    140: got approved on June 2007 at TSC. LUD 8/12/2007
    485: July 2, 2007

    No checks cashed yet!!!

    What is LUD mean?
    From USCIS online tracking: https://egov.uscis.gov/cris/jsps/login.jsp
    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.



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  • Jaime
    06-27 02:22 AM
    Jamie:

    I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.

    Moderator, sorry I broke my promise. But this is the last I will say on this.

    Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).

    1. Allow people to file for 485 and get EAD even if visa numbers are not available
    2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).

    The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.

    With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?

    By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.

    Santosh

    Santosh:

    Your post is good and you are focusing on our IV goals. Thank you for your comment. I will just say though that, as everybody knows I just reacted to others' attacks and never implied that anyone is better than anybody. People who have read my posts know my admiration for India and my belief that it will be Americans who will fight to get a job there one day. The numbers I shared are not "blinding me by my own bias" like you say at all. I fact, I used numbers in order not to be biased and rather to be fair. I just responded to some ignorant comments by some people. I have been to India and hope to go back, and have many great friends from there. What discouraged me is that some people will attack my country especially in a forum where that doesn't belong and where we are all trying to help each other. Any divisions among us are a victory for our detractors. I hope you understand. Let's focus on helping each other going forward, and let's all be friends! Thanks.




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  • senthil1
    07-26 01:34 PM
    There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.

    But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.


    EB3-I 's best chance in the current context , in the order of faster results,

    1. Port to EB2 , If possible
    2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
    3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .

    IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.



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  • pani_6
    03-26 04:49 PM
    There will be forward movement in June or July ..not sure how eb3 india would move..may be 03 and revert back..




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  • breddy2000
    01-30 07:51 PM
    Guys,

    as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.

    being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).

    I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.

    I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
    that is life :D

    Looks like the world we are living in does not care about conventional wisdom any more....

    --- Conventional wisdom says, if you are talented and hard working you will be rewarded. This does not matter to EB Folks as there is per country limit.

    --- Conventional wisdom says, if you found a good company to invest in, you are sure to make profits . This does not matter in the current Wall Street and economic environment.

    --- Conventional wisdom says, if you have good education from top US university you are most probably gonna get good job. However this does not matter as long as there are desi Consultants who exploit the system.

    --- Conventional wisdom says, if you work hard and smart enough you are bound to get promoted. This does not matter to EB Folks as there is retrogression to make you do the same job until you get frustrated.

    --- Conventional wisdom says, if you have good bank balance you can get richer. This does not matter as you try to multiply your savings by investing in a House / Stock Market you lose all you saved to foreclosure or to wall street goons.

    --- Conventional wisdom says, being ethical and honest is the best policy. This does not matter as someone else gets the job you applied for with their cooked up resume.

    And the list goes on and on every front in your life.......and whom do we we blame, but the system that encourages this bad behaviour....



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  • brij523
    03-11 09:54 PM
    How can a person find out that you are there when you have not written a word after the first post. Now that you have replied, that is good. Everyone knows that you have read the responses.

    A kind request. Think about the question I am writing.
    What do you think we should be doing at this site? What is the objective of this site? Is everyone being part of that objective? What would be a constructive post to be a part of objective? What effort people have put toward the objective?


    Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.

    Thank you ALL for responding to my post.

    I also sent an email to my congress-women and lets see if go through.

    Thanks again to all of you out there.




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  • saimrathi
    07-13 08:10 AM
    Thanks.. :)

    NPR news coverage on July 2007 visa bulletin

    http://www.npr.org/templates/story/story.php?storyId=11945381

    :)



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  • samrat_bhargava_vihari
    06-08 03:16 PM
    Hi

    My 485 application received by NSC on May 24, 2007 but still no receipt and even did not cashed the check.

    ss

    shailesh,
    Please let us know once you receive your receipt. We ( June 1st filers) can count from there.




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  • gcboy442
    09-11 11:03 PM
    Mine was received on July 2nd at 10:25 AM signed by J.Barrett@NSC



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  • sanjeev_2004
    09-13 03:06 PM
    Dear All:
    I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.

    Create a new thread for TSC.




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  • Mahatma
    08-12 10:11 AM
    Congrats to all who are PRs now!

    After CPO e-mail, card arrives within 10 days.

    Chain of events are not consistent but usually at 1or 2 days interval, approval and welcome e-mails are seen as hard LUDs.

    I-797 notice of approval is enough to go to district office and have I-551 stamp in passport. This is the proof of GC.

    Enjoy, do not worry and relax!

    Remember your family, friends and IV.

    Please be generous in contributing (my continued participation, advisement and $$$$.....).

    Recurring contribution, small is beautiful and kaizen would help us all.

    Wish you all to be best citizens and ambassadors of peace, prosperity and happiness!!



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  • franklin
    07-10 05:02 PM
    Reminder - there is a nor cal conference call tonight to discuss the plans




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  • rsharma
    09-24 07:51 AM
    Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

    Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?

    Consider the scenario:
    Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

    A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
    B joins a job on 2005 that do not need MS and experience and files for EB3.

    Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

    Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

    SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

    If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

    Therefore EB2s who are from mid 2006 onwards will really get pushed back..

    I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

    I hace passed this stage.. now its for you all to decide..



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  • krishnam70
    07-02 08:55 AM
    Ship date
    Jun 29, 2007
    Estimated delivery
    Jul 2, 2007 by 10:30 AM


    Service type
    Priority Pak
    Weight
    2.0 lbs.

    Status
    At FedEx destination

    Date/Time

    Activity

    Location

    Details

    Jul 2, 2007 7:54 AM

    At local FedEx facility

    LINCOLN, NE




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  • akhilmahajan
    02-09 02:29 PM
    Chantu, sorry to hear about your situation.
    I hopw you find a job soon.

    Here is how you can make the #25 contribution.
    Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.

    GO IV GO. TOGETHER WE CAN.

    Though I have lost my contract this week and searching for new opportunity, I want to contribute $25.

    But how do you contribute $25? I can see links for $50/$100 etc.

    Thanks.




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  • jsb
    12-20 10:23 AM
    Hi All,

    I would like to know if I will get in trouble if I do this:
    First, switch to a completely unrelated job after 180 days of I485 filing,
    then, switch back to similar job when my priority date becomes current or close to becoming current.

    Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?

    Thanks in advance!

    Prior to getting your GC, you can work

    (i) On any job using EAD
    (ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.

    Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.

    If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.

    So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.

    You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.




    gc_check
    09-24 08:32 AM
    ---
    Guys wake up and fight to make the porting rules very strong if not stop porting. The rule should be if I140 for porting is denied then the applicant should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fraudulent applicants cannot port from EB3 to EB2.
    ---

    There are many genuine cases, who could have applied in EB2, but due to some erroneous counsel by employer or legal, ended up in EB3 category. Having an option to port PD when applying under alternate category is available, and people eligible taking advantage of this should be allowed to do it and encouraged. Given the market condition, if some one could qualify under EB2 and successfully secure a EB2 labor/I-140, then it must be welcomed and only genuine cases could do so. People with EB3 PD of 2001 or 2002 and waiting for GC might already have worked one or two years prior to starting the process and might be in country working for almost a decade and some even have done their Masters and have the experience. With all this, if they take advantage of this, then they deserve it. I am not able to understand your concern, and also expecting/requesting the porting process to be stopped !! Does not sound right.




    sbabunle
    06-26 02:54 PM
    Its pathetic people are calling each other racists. Guys
    we have an uphill task in front of us. The only chance
    of winning is that stay together and work together.

    There are 200000 members for NumberUSA.com. How much
    are we? Meagre 5000. And we are calling names ourselves it
    wont go too far.

    Please remember every single day the citizens of USA
    are turning against immigration more and more. It would be
    really difficult to get the things we need from the law makers.



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