marty
04-24 03:10 PM
I have done the landing and came back to US on Automatic Visa Revalidation as my 797 is valid. No problem at all while entering in Canada. The officer just looked at the permnant resident confirmation paper, ask how much funds I am carrying. I told him I have less than a $1000 but I will be transfering funds if needed. I was not asked to show the proof. Next I went to canadian customs and gave them the goods to follow list. The officer processed that and welcomed me to Canada. The whole process took like 15-20 min. While coming back to US the officer did ask me why I was travelling and what I do in US and I told him I came here to become permanant resident and I am on H1B in US. They asked if I applied for LPR in US and I said yes and it is pending. The CBP officer was aggressive, asked me lots of other question but didn't create any issues while issuing the new I-94. So overall, things went fine.
wallpaper In October 2008, Megan Fox
chi_shark
07-10 11:49 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
TheOmbudsman
10-25 10:51 AM
Hi,
If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.
In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.
It won't be easy, folks.
Thanks,
Your Friendly Ombudsman bringing you a dose of daily reality.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.
In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.
It won't be easy, folks.
Thanks,
Your Friendly Ombudsman bringing you a dose of daily reality.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
2011 In October 2008, Megan Fox
franklin
06-08 02:10 AM
noob question: your signature states a PD of 4/04 and EB3.
How can you file your I485 now?
Am i the only one not up to date?
Simple - ROW (aka Rest of World). Different "countries of birth" have different current Priority Dates
You'll notice from the excerpt below that the current (June 07 bulletin) for my particular category is June 05
ROW China India Mexico Philippines
3rd 1JUN05 01JUN03 01JUN03 01JUN03 01JUN05
How can you file your I485 now?
Am i the only one not up to date?
Simple - ROW (aka Rest of World). Different "countries of birth" have different current Priority Dates
You'll notice from the excerpt below that the current (June 07 bulletin) for my particular category is June 05
ROW China India Mexico Philippines
3rd 1JUN05 01JUN03 01JUN03 01JUN03 01JUN05
more...
akhilmahajan
02-09 11:39 AM
Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.
GO IV GO. TOGETHER WE CAN.
GO IV GO. TOGETHER WE CAN.
fightnow
07-06 07:13 PM
Police will be there to keep things in order. No permit is issued but some registration has been done at the police department. All must stay on sidewalks! See rules in previous post.
The timing was not so good. I post earlier talking about this event but did not attract much attention.
One concern: people will lose their anger and get used to it in one or two weeks.
The timing was not so good. I post earlier talking about this event but did not attract much attention.
One concern: people will lose their anger and get used to it in one or two weeks.
more...
FrankZulu
08-26 01:14 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.
Was your Employer (GC Sponsoring) in any kind of trouble in past?
After 3 infopass appts, 2 SRs in all have the CPO in hand.
Good luck all.
Was your Employer (GC Sponsoring) in any kind of trouble in past?
2010 hot Megan Fox Photos - Megan
desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
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.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
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.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
more...
acecupid
08-18 03:25 PM
SunnySurya,
I think you need to do a reality check on your leadership and mobilizing skills. The reason you cant find even 10 people who support your ideas should tell you something. You have to convince people who oppose your ideas in a logical way, so they see some sense in what you are trying to achieve. If you cannot convince people who oppose you with logical answers you wont find much support as a community from IV. I think people like eb3_nepa have every right to question your actions and intentions and if you cannot respond to healthy dialogue, dont expect people to support your cause. You have to give respect to gain respect.
I personally support your cause about FIFO processing but you need to broaden it beyond EB2 to the entire EB community. It seems to me you have managed to gain such a notorious reputation that people are opposed to anything you have to say :) Its like a HR hiring manager saying to you, you are brilliant but you dont have the right attitude, so we dont need you.
Good luck!
I think you need to do a reality check on your leadership and mobilizing skills. The reason you cant find even 10 people who support your ideas should tell you something. You have to convince people who oppose your ideas in a logical way, so they see some sense in what you are trying to achieve. If you cannot convince people who oppose you with logical answers you wont find much support as a community from IV. I think people like eb3_nepa have every right to question your actions and intentions and if you cannot respond to healthy dialogue, dont expect people to support your cause. You have to give respect to gain respect.
I personally support your cause about FIFO processing but you need to broaden it beyond EB2 to the entire EB community. It seems to me you have managed to gain such a notorious reputation that people are opposed to anything you have to say :) Its like a HR hiring manager saying to you, you are brilliant but you dont have the right attitude, so we dont need you.
Good luck!
hair dating hottie Megan Fox,
desi3933
07-09 03:17 PM
Oh yeah. All big time consulting companies must lay off foreign workers then, myself included. My perm was filed as IT programmer, IT consultants job code. So am I not a full time employee of consulting company? Is USCIS fool to approve my I140? Not once but twice!
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
more...
sledge_hammer
02-12 01:03 PM
I said "high standards" not "high moral standards" in my first sentence. I can point you to some of your posts when you use 'foul' language even when not attacked.
In that case I have to ask you this - what makes you think I am "imposing" (whatever THAT means) high standards on myself? Were you trying to shoot down my arguments by false accusations? I am maintaining the same "standard" as the next guy.
Allow me to quote your earlier post "I came to this country with the intention of studying and then working,"....sounded like you had the intention of studying and then working before you headed out here. freudian slip ??? :)
If you read my previous post with attention, you'll see that I have said I did not convey my intentions clearly. So again, if you're simply trying to shoot down what ever I am saying, well, I really can't stop you. You can keep going back to the same topic over and over again, but it will not prove your accusations!
In that case I have to ask you this - what makes you think I am "imposing" (whatever THAT means) high standards on myself? Were you trying to shoot down my arguments by false accusations? I am maintaining the same "standard" as the next guy.
Allow me to quote your earlier post "I came to this country with the intention of studying and then working,"....sounded like you had the intention of studying and then working before you headed out here. freudian slip ??? :)
If you read my previous post with attention, you'll see that I have said I did not convey my intentions clearly. So again, if you're simply trying to shoot down what ever I am saying, well, I really can't stop you. You can keep going back to the same topic over and over again, but it will not prove your accusations!
hot GQ Deputy Editor Michael
franklin
06-07 10:44 AM
AFAIK all 485 filings have to be sent to NSC. Also, does one need to attach the original I-140 approval with I-485 or a copy of it will suffice?
Yes - all I485 apps got to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing basedon a pending or an approved Form I-140.
Yes - all I485 apps got to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing basedon a pending or an approved Form I-140.
more...
house jake-gyllenhaal-gq-cover-may-
GC4ALL
07-05 09:27 AM
Mine reached at 9:45 A.M Jul 2nd CST. Received by Rob Pitcher
tattoo Megan Fox in November of 2008
eastindia
02-04 09:52 AM
$49,200 to go.
Thank you members for contributing.
50 thousand members and only 10 people contributed?
Shameful. If this is the situation, will IV cancel the event?
Thank you members for contributing.
50 thousand members and only 10 people contributed?
Shameful. If this is the situation, will IV cancel the event?
more...
pictures ru_glamour: Megan Fox by Terry Richardson for GQ US October 2008
minimalist
01-30 07:33 PM
1) Read about how treacherous a path they take when they cross the border. The position they were in their home country is what drives them to risk life to get to a place where they can find a better life and moreover provide a better life to family back at home , whom they may not see even once in few years.
Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.
2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.
2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
dresses megan fox in black braa
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.
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.
more...
makeup Megan Fox in November of 2008
hiralal
05-09 12:22 AM
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!
girlfriend Megan Fox - GQ PhreeCelebs.com
neelu
12-12 12:49 AM
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!
hairstyles Megan Fox couverture de GQ
abq_gc
08-18 02:13 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
trueguy
03-10 12:00 PM
Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
fromnaija
05-23 01:41 PM
Emailed the two Arizona senators plus 10.
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