manderson
09-24 02:00 PM
it has to be similar job PLUS with an established company.
from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).
i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
Ok. Now lets say I have EAD cards for me (primary applicant) and my wife. I can now have my wife start a company and have a job position similar to where I work. Now after 180 days, can I work for my wife's company invoking AC21 with my EAD??:D
and so when an RFE comes from USCIS , can this be shown as the similar job offer?
Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.
any thoughts??:confused:
Rex
from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).
i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
Ok. Now lets say I have EAD cards for me (primary applicant) and my wife. I can now have my wife start a company and have a job position similar to where I work. Now after 180 days, can I work for my wife's company invoking AC21 with my EAD??:D
and so when an RFE comes from USCIS , can this be shown as the similar job offer?
Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.
any thoughts??:confused:
Rex
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TeddyKoochu
08-23 08:44 AM
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 route...as far as I can tell...
Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?
Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.
Is this memo in effect already or what? Can someone throw more light on this?
This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 route...as far as I can tell...
Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?
Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.
mpadapa
09-10 11:14 AM
Inspite of the new spillover policy and the additional FB visa's the EB2-I has retrogressed. This shows there is quite a bit of EB2-I demand. Regarding EB3I movement, donno when it will come out of the 2001 slump. The actual bulletin might show the ROW movement that could provide some hint to how the spillover can influence the EB2I forward movements.
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Alien
03-12 09:53 PM
I know someone with PD EB3-I 2003 March who got his GC today.
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Lacris
08-18 11:15 AM
Lacris, I went to SSA office to get SSN rejection letter for my wife as she is on h4 (DMV needs rejection letter to renew the license) and SSA Agent checked the passport of my wife for the expiry date, May be they are checking the expiry date now a days, I think you need to renew the passport and go to SSA office for SSN, But I may be wrong
Reddy77, I understand that in your wife's case the person at SSA needed to see something to show your wife's immigration status (I took a letter like that for myself 3 years ago). But in my case, my passport doesn't say anything to her other than the fact that I have an H4 visa stamped in. The moment I got the GC, that visa is not valid anymore, so it shouldn't make any difference. But thank you for taking the time to answer.
Thanks mariusp, but she asked for the passport, didn't want to look at DL.In her defense, I checked the website and the original text of their Regulations and it doesn't have Permanent Resident card listed as an immigration document, but EAD is there.:D . I'll try again next week.
Reddy77, I understand that in your wife's case the person at SSA needed to see something to show your wife's immigration status (I took a letter like that for myself 3 years ago). But in my case, my passport doesn't say anything to her other than the fact that I have an H4 visa stamped in. The moment I got the GC, that visa is not valid anymore, so it shouldn't make any difference. But thank you for taking the time to answer.
Thanks mariusp, but she asked for the passport, didn't want to look at DL.In her defense, I checked the website and the original text of their Regulations and it doesn't have Permanent Resident card listed as an immigration document, but EAD is there.:D . I'll try again next week.
chanduv23
05-14 03:57 PM
Does anyone know the process involved in 140 revocation? What is the INS processing fee? How much does an Attorney charge and what exactly do these employers write to USCIS?
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sunny1000
07-23 06:53 PM
we are EB3 India---
Congrats! What are you doing in this forum arguing over dates?? Go out and enjoy your Permanent Residency with Champagne!!!:D :D :D Good luck:)
Congrats! What are you doing in this forum arguing over dates?? Go out and enjoy your Permanent Residency with Champagne!!!:D :D :D Good luck:)
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Openarms
03-13 04:43 PM
Can IV admin add new column for case approved/waiting on the header of each members profiles. I wonder why they did not put it.. is there any reason??
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Alabaman
02-24 10:04 AM
Yes story is thesame. The US is unfair to high skilled immigrants. I lived in the US for 8 years. School, worked, volunteered, purchased a home, etc. When the down turn came, I was left high and dry. No unemployment benefits with all the taxes and social security that I have paid. To make matters worse, I was required to depart the same day. I had properties... been living here for 8 years!!
Even though I made this choice, it does not make it humane to have such a system. You ask, what does the US really gain by making people go through the stress, anxiety, sleepless nights? Nothing.
Even though I made this choice, it does not make it humane to have such a system. You ask, what does the US really gain by making people go through the stress, anxiety, sleepless nights? Nothing.
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sparklinks
07-14 01:18 PM
Done
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a_yaja
07-24 04:47 PM
Folks,
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
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Ann Ruben
05-14 04:38 PM
There is no official process or filing fee. Attorneys generally represent both the employer and the employee. Because revoking the petition could harm the employee, a conflict of interest arises. Accordingly, most immigration attorneys would not want to be involved in assisting in the revocation of petitions.
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ronhira
07-06 02:00 AM
Change of what? 30 mins lunch to 3 hour lunch ???
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devahusain@yahoo.com
12-27 09:39 PM
1. Please throw your valuable thoughts on I-9 Employment autorization. My daughter is got a job and recuruiter asked for I-9 ( immigration document).
Do you need to print from INS office and fillup and send to respective college or INS.
2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.
Do you need to print from INS office and fillup and send to respective college or INS.
2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.
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nomad
09-13 01:34 AM
Just contributed one time $100 thru' paypal.
Web Accept Payment Sent (ID # 3BC32596YD273123L)
Web Accept Payment Sent (ID # 3BC32596YD273123L)
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mirage
04-01 01:50 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
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polapragada
09-13 09:42 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
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m306m
03-18 09:31 AM
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
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pandu_hawaldar
07-06 01:46 PM
http://infotech.indiatimes.com/articleshow/2180544.cms
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03-02 12:47 PM
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bigboy007
06-03 06:52 PM
Yep thats true , as of now all this shouldnt stop one from filing 140/485 what ever it is , we are only trying to interpret to the best of our knowledge in current format. For ex. if you remember labor substitution bill was introduced in Last year 2006 and every one was eager and curious about it but it was only enacted in July 2007. Similarly i 100% believe they will give some time to switch and in case it would be good enough buffer. If you think u can file dont even think of rest , right what is law is what should it be.
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