
vbkris77
05-01 12:56 PM
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
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supreet
07-08 04:02 PM
Hello All,
After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.
Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?
OR
Is being on 1099 while on EAD a bad idea and I should stay away from it?
Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.
Thanks all for you replies!!!
- S
After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.
Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?
OR
Is being on 1099 while on EAD a bad idea and I should stay away from it?
Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.
Thanks all for you replies!!!
- S

nrk
02-04 11:22 AM
Hi Guys,
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
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crazy_gc
06-10 12:12 PM
What service center was it from? Was it a concurrent filing of I140 and 485?
NSC and it was just 140...yet to dispatch 485 application
NSC and it was just 140...yet to dispatch 485 application
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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.

geevikram
07-20 09:40 PM
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
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tonyHK12
02-18 08:42 AM
thanks actaccord, lvinaykumar, sripk. only 44 days to go.................
Total Contributions..........$6,425.00
Amount to be raised.......$43,575.00
.
.
Total Contributions..........$6,425.00
Amount to be raised.......$43,575.00
.
.
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Dreamer07
08-09 10:10 AM
if the only way to reduce the backlog of EB3 is to port to EB2, why EB3 category at all. Just remove that category... Maybe lawyer's should come with a better alternative than giving this lame advice. EB3 category are still employed for the past 10 yrs - shows that they are required-then why not fight to get their number of visas increased or the spill over be applied to them equally as to EB2.
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EB3_SEP04
08-13 10:20 AM
I just received the email this morning.
for Spouse only. Pending for the primary applicant yet
Applied on July 1, Receipt July 3 and Soft LUD July 8:)
Congrats Petepatel !!
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.
for Spouse only. Pending for the primary applicant yet
Applied on July 1, Receipt July 3 and Soft LUD July 8:)
Congrats Petepatel !!
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.
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trd
07-20 10:23 AM
I Pledge $100
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eb3India
04-20 03:31 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
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aachoo
05-09 10:05 PM
For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
-a
-a
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dealsnet
04-21 07:50 PM
I am shocked to hear the sad news. My god give peace to his wife and his kid. MAY HIS SOUL REST IN PEACE.
His family is a victim of RETROGRESSION. Otherwise they can still live in USA.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
His family is a victim of RETROGRESSION. Otherwise they can still live in USA.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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a2006
05-02 01:57 PM
The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
more...
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amitjoey
07-09 05:54 PM
Hello <TV station name>:
I am writing to you to give you a heads-up on a news story which is
about to happen on July 10th 2007. If you have been following the
issue of Immigration in the news lately, the United States Citizenship
and Immigration Services (USCIS) along with the Department of
State(DoS) announced an update to the July Visa bulletin essentially
eliminating any chances to apply for "Adjustment of Status" aka. the
last stage of the Green Card/Permanent Residency process. This
bulletin was was originally published during the mid month of June
inviting all legal immigrants to apply for Permanent Residency.
The Visa bulletin is a formal communication method to all Immigration
adjudication officers and personnel in National and International
consular offices of the United States of America, advising the
personnel of the availability of Permanent Resident visas which are
capped at 140,000 a year worldwide. The system has already forced many
delays and approx. 400,000 applications are back-logged.
This update was released on July 2nd, the first business day for the
month of July. Thousands of dollars were spent in legal fees and
medical examination fees by some 200,000 highly skilled legal
immigrants who chose to follow the rules and abide by the laws.
Several lawsuits have been filed against USCIS and DoS asking for
reimbursement of legal and medical expenses by AILF (American
Immigration Law Foundation) and AILA (American Immigrant Lawyers
Association).
The Legal immigrant community backed by ImmigrationVoice.org (a 15,000
strong group representing the Highly Skilled Legal Immigrants
Community) is resorting to a unique way of protesting this decision.
We have decided to take a leaf out of Mahatma Gandhi's book and send a
dozen flowers to the USCIS Director Emilio Gonzalez as a way of
protesting against this debacle brought upon by the high handedness of
the two departments.
Please find attached the Press release from ImmigrationVoice detailing
this protest.
As always, you folks at <TV Station> have always given unbiased coverage to
events, both local and nation wide. I hope you will cover this story
and bring to light this case of cheating by the USCIS and Dept. of
State.
If you have any questions, please do not hesitate to contact me @ <your-number/contact info>
Best regards,
<Your-name>
REFERENCES:
-----------------------
http://www.immigrationvoice.org
News recording of the Coverage by NBC Nightly news:-
http://www.youtube.com/watch?v=RVhgb6yoc8w
Thanks for your efforts, this is exactly what we need.
I am writing to you to give you a heads-up on a news story which is
about to happen on July 10th 2007. If you have been following the
issue of Immigration in the news lately, the United States Citizenship
and Immigration Services (USCIS) along with the Department of
State(DoS) announced an update to the July Visa bulletin essentially
eliminating any chances to apply for "Adjustment of Status" aka. the
last stage of the Green Card/Permanent Residency process. This
bulletin was was originally published during the mid month of June
inviting all legal immigrants to apply for Permanent Residency.
The Visa bulletin is a formal communication method to all Immigration
adjudication officers and personnel in National and International
consular offices of the United States of America, advising the
personnel of the availability of Permanent Resident visas which are
capped at 140,000 a year worldwide. The system has already forced many
delays and approx. 400,000 applications are back-logged.
This update was released on July 2nd, the first business day for the
month of July. Thousands of dollars were spent in legal fees and
medical examination fees by some 200,000 highly skilled legal
immigrants who chose to follow the rules and abide by the laws.
Several lawsuits have been filed against USCIS and DoS asking for
reimbursement of legal and medical expenses by AILF (American
Immigration Law Foundation) and AILA (American Immigrant Lawyers
Association).
The Legal immigrant community backed by ImmigrationVoice.org (a 15,000
strong group representing the Highly Skilled Legal Immigrants
Community) is resorting to a unique way of protesting this decision.
We have decided to take a leaf out of Mahatma Gandhi's book and send a
dozen flowers to the USCIS Director Emilio Gonzalez as a way of
protesting against this debacle brought upon by the high handedness of
the two departments.
Please find attached the Press release from ImmigrationVoice detailing
this protest.
As always, you folks at <TV Station> have always given unbiased coverage to
events, both local and nation wide. I hope you will cover this story
and bring to light this case of cheating by the USCIS and Dept. of
State.
If you have any questions, please do not hesitate to contact me @ <your-number/contact info>
Best regards,
<Your-name>
REFERENCES:
-----------------------
http://www.immigrationvoice.org
News recording of the Coverage by NBC Nightly news:-
http://www.youtube.com/watch?v=RVhgb6yoc8w
Thanks for your efforts, this is exactly what we need.
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dicarol18
08-13 04:52 PM
Your case is like me, except I am porting Priority date from my previous approved I-140 Eb3 case. Your new I-140 transferred to Texas Service centre because your employer comes under Texas Service centre. Your residency location also comes under Texas service centre. So you will receive I-485, I-765 and I-131 with SRC numbers. But it may take longer time.
Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.
Texas Service Centre data entry dates:
I-140 - 07/31/2007
I-485 -- 06/28/2007
I-140 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I-485 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks for the info... and sounds good to see that the I-140 takes less time in this center... I hope I will get something soon...Do you know if I can get Finger Prints notices or my EAD without the Receit Notices??? or I need to have that first before start getting something else??? :confused:
Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.
Texas Service Centre data entry dates:
I-140 - 07/31/2007
I-485 -- 06/28/2007
I-140 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I-485 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks for the info... and sounds good to see that the I-140 takes less time in this center... I hope I will get something soon...Do you know if I can get Finger Prints notices or my EAD without the Receit Notices??? or I need to have that first before start getting something else??? :confused:
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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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a.j.2048
02-09 08:13 PM
Terrorists are banned from visiting USA.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Ah, but terrorists targetting India are welcome in the USA. Musharraf is welcome to visit and Headley was welcome until he turned against the Europeans. Now see what Indian politicians are welcome in USA with reference to the original comment :p
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Ah, but terrorists targetting India are welcome in the USA. Musharraf is welcome to visit and Headley was welcome until he turned against the Europeans. Now see what Indian politicians are welcome in USA with reference to the original comment :p
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kg318
04-22 05:37 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
delax
08-21 02:13 PM
delax,
What is your service center?
Below are the details for self and spouse
Aug 13 - soft LUD
Aug 14 - Approval notice sent
Aug 15 - soft LUD. status is still Approval notice sent
My service center is TSC.
TSC! - 485 was mailed, accepted, receipted, processed and approved at TSC.
What is your service center?
Below are the details for self and spouse
Aug 13 - soft LUD
Aug 14 - Approval notice sent
Aug 15 - soft LUD. status is still Approval notice sent
My service center is TSC.
TSC! - 485 was mailed, accepted, receipted, processed and approved at TSC.
simple1
05-04 08:19 PM
thanks vbkris,
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
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