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  • desi3933
    07-10 11:42 AM
    ....

    looks like this case actually tells me that maybe we could do self-employment easily...

    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.




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  • mirage
    03-06 06:09 PM
    You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
    Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)




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  • ash0210
    03-09 11:32 AM
    I am from retrogressed country, I am here for last 12 years & did not got depressed as I do not have GC. In my early years in USA, I used to get depress as I was not having GC but then I started thinking...Is GC is the ONLY important thing in my life?

    I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..

    Life is beautiful, GC is just part of my life and GC do not drives my life..

    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:




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  • simple1
    05-02 02:25 PM
    Your original question did not refer to EB1.

    non-retrogressed countries with any eb(1,2,3) dependents:
    ====================================
    I did answer your question about non-retrogressed countries earlier. there will not be a lot of diffrence for them. example: germany ebdependent (1,2,3) moving from ebquota to germany fb2a. both are current now.

    retrogressed (india, china etc) countries with eb (2,3) dependents:
    ==========================================
    I have answered this in another post. The impact will be minimul. I expect them to wait 7 years in place of 6 years now. again the primary can become citizen quickly and move them from FB2A -> FB1. That doesnt mean they are affected, wont they have no strings attached EAD/AP ?

    retrogressed (india, china etc) countries with eb1 dependents:
    ==========================================
    yes, there will be a longer wait (they will not get current special treatment. they will be sharing FB2A-country-specific-quota with eb2-samecountry dependents, eb3-samecountry dependents, and other fb2a new and existing, etc) . That doesnt mean they are affected, wont they have no strings attached EAD/AP ?

    Dont you think that is were they rightfully belong ?

    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?



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  • felix31
    09-09 07:39 PM
    LOL

    EB3 ROW went to June 2002

    :rolleyes::rolleyes:

    Since I will never get GC, this may be a good time to plan the big change for my life. :D:D

    Good luck, everyone!
    :D




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  • chanduy9
    07-05 01:59 PM
    If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis


    Pls my post very carefully...it is

    Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...

    guys think +ve.

    Thanks,
    Chandra.



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  • gcbikari
    04-24 11:44 AM
    Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
    Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.

    Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.

    BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.




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  • mchundi
    12-15 02:09 AM
    I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.

    But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
    Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.



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  • aka
    06-18 12:23 PM
    I-140 already approved, I-485 details (same for both me and my wife):

    Mailed to NSC on May 31st.
    Received at NSC on June 1st (I think... never took tracking# from attorney).
    Receipt Date - June 04
    Notice date - June 07




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  • Rohan99
    09-25 02:04 PM
    my attorney recieved receipts today...filed on July 3rd at nebraska center.

    Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?



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  • thomachan72
    05-23 06:30 AM
    I have a bad feeling about IVs goals. Are you only concerned about getting the GC backlogs cleared? or are you going to be asking for H1b related issues to be addressed too? eg:- H1b renewal after the 6th year is an issue any moron could easily understand and pass. That has been there for many years and should continue for a successful H1b program. Please take care of that issue too. I dont see that included in the letter you have prepared to be sent out to all the senators. Please do that urgently. This is a very techinical issue and can easily be campaingned for. Pls dont ignore it.

    If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.

    Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.




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  • Omm
    04-23 01:52 PM
    Are you an desi employer by any chance?. Just wondering�

    Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.



    Yes I agree with you, Some are really nastly dont give anything in writting , Dont even apply for H1b until you force them when they hire you on OPT, I have seen some of my freinds had to go back to India because of them. They are to be taugh a lesson, If we are immigants they are too.



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  • gc_bulgaria
    09-20 01:20 PM
    EADplease,

    I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.

    But if your checks are cashed then the receipt notice must be in the mail.:)




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  • sukhwinderd
    02-02 08:40 AM
    can we have fliers ready (as someone suggested is some other post), to increase aawareness, so that we can post it in indian stores, gurudwaras, mandirs etc.



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  • reachthepalace
    09-13 11:40 AM
    Received note from my lawyers today on I-140/I-485 receipt at NSC

    PD: June 2007
    Labor:EB2
    140/485 filed: July 27, 2007
    Received at NSC: July 30, 2007 (Don't know who signed etc.)
    Recept dated: Sept 6, 2007
    -D
    Not attending DC rally due to personal reasons.




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  • kcforgc
    05-08 02:24 PM
    How about we all start a THANK YOU campaign? It would be similar to a flower campaign that we all did we send Thank You cards/letters to the President?
    Just a thought?



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  • iam4u4ever
    09-28 04:30 PM
    by starting a business and working for it ?

    And what happens if somebody already has an existing profit making business and wants to work for it ?




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  • sankap
    07-10 03:05 PM
    I agree--make your own decision for your peace of mind. Under W2, you're an employee and your employer does the taxes. On 1099, you're self-employed and you do the taxes, and also deduct business expenses. However, being on W2 does *not* mean that you've a job for unlimited period of time. A lot of recruiters for contract jobs (e.g., a 3-month contract) give you the option of joining under W2 or 1099.--e.g., $70/hr on 1099 or $60/hr or W2. Being on W2 should *not* be construed as being on a "permanent" job.

    At the end of the day, it's all a question of your peace of mind. You can take this 6-month contract on W2 and take comfort in your (wrong) thinking that you're on a "permanent" job, or you can take that contract on 1099 and (wrongly) worry that you're on a "temporary thing."

    you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)




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  • leo2606
    07-19 07:22 PM
    I pledge $100.00

    Wait for someone to tell me how to send.




    sparklinks
    09-03 11:31 AM
    My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:

    We CANNOT do any thing, when I called USCIS, IO said they can't do either.. wait for 60 days. BS




    sidshar
    05-24 08:45 AM
    sent.



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