mundada
05-01 02:25 PM
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
wallpaper cups and water bottles.
khukubindu
05-05 05:13 PM
Hello,
I don't know is it the right place to post this. What will be the EB-3 ROW in the coming June Visa Bulletin. I have asked my attorney and got the following response:
Q: I am in the Rest of the world chargeability area. My category is EB-3. My priority date is July 27, 2006. Do you think that my priority date will be current in the coming June 2008 visa bulletin. The May 2008 bulletin's cutoff date in my category and chargebility is March 1, 2006.
A: Unfortunately, we have no way of knowing if your priority date will be become current next month. Sometimes the priority dates stay the same for many months, or become unavailable completely like last summer. At times, the dates may jump many months or even years. We can not speculate when your date will become current, as it is truly unpredictable
Is there any gurus who can give me an idea ?
I don't know is it the right place to post this. What will be the EB-3 ROW in the coming June Visa Bulletin. I have asked my attorney and got the following response:
Q: I am in the Rest of the world chargeability area. My category is EB-3. My priority date is July 27, 2006. Do you think that my priority date will be current in the coming June 2008 visa bulletin. The May 2008 bulletin's cutoff date in my category and chargebility is March 1, 2006.
A: Unfortunately, we have no way of knowing if your priority date will be become current next month. Sometimes the priority dates stay the same for many months, or become unavailable completely like last summer. At times, the dates may jump many months or even years. We can not speculate when your date will become current, as it is truly unpredictable
Is there any gurus who can give me an idea ?
h4hopeful
07-02 10:43 AM
Like Voldemar said in this post
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
2011 2 cups water
Ramba
07-09 02:41 PM
Getting a letter is not a big deal. What if I am a full time consultant in that company?
consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.
consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.
more...
sankap
07-09 10:00 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
InTheMoment
11-21 04:03 PM
Dear Mehul,
Just sent you a PM (Private Message). Check it.
take care!
Just sent you a PM (Private Message). Check it.
take care!
more...
Googler
07-07 08:31 PM
All officials have talked about processing 60k visas in a month to avoid visas going waste.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
Well on that she will just pass the buck to USCIS -- that was their problem -- and USCIS is DHS' problem not DOS (her Dept).
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
Well on that she will just pass the buck to USCIS -- that was their problem -- and USCIS is DHS' problem not DOS (her Dept).
2010 1/8 Cup Warm Water
Lasantha
02-05 01:17 PM
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08
Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.
When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.
Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08
Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.
When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.
Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?
more...
paragpujara
12-21 09:59 AM
I had infopass appointment this morning at Fairfax, VA regarding FP. IO told me that generally they send out FP within 30 days of 485 receipt but if ASC is too busy then it gets delay. He asked me whether my EAD and AP are approved or not. And then he requested FP for me and mywife and said i should receive FP notice within 3 weeks. Hopefully i will get FP within next couple of weeks. Keep you guys posted about my FP notice. Happy Holidays to you all !!
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
hair cups and water bottles.
hazishak
08-13 03:52 PM
Did you guys see the recepting update in OH's site? Where did he get it from. I could not find it in USCIS site.
more...
gsc999
07-06 07:09 PM
Legal Immigrants Protest at San Jose on July 7
Location: City Hall
200 E Santa Clara St
San Jose, CA Yahoo Google Map
When: From Sat Jul 07, 2007 11:00 am to Sat Jul 07, 2007 2:30 pm
[/B]
I just checked with the city, and San Jose police dept. they don't know about this event and haven't issued any permit for it. Fightnow, since you originated this thread, please post relevant info. as to who is organizing it.
Arun Antonia, do you want to coordinate this event for next week?
The Police dept. said that as long as the traffic and pedestrian sidewalk are not blocked and there is no violence it is ok with them. Now only if I know who will issue the permit, that should do it.
Location: City Hall
200 E Santa Clara St
San Jose, CA Yahoo Google Map
When: From Sat Jul 07, 2007 11:00 am to Sat Jul 07, 2007 2:30 pm
[/B]
I just checked with the city, and San Jose police dept. they don't know about this event and haven't issued any permit for it. Fightnow, since you originated this thread, please post relevant info. as to who is organizing it.
Arun Antonia, do you want to coordinate this event for next week?
The Police dept. said that as long as the traffic and pedestrian sidewalk are not blocked and there is no violence it is ok with them. Now only if I know who will issue the permit, that should do it.
hot Place 2 cups of water and the
GCBy3000
05-03 05:14 PM
Section 205. Retaining Workers Subject to Green Card Backlog.
* Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
If above is the case, then AC21 could be used by anyone who files for AOS.
* Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
If above is the case, then AC21 could be used by anyone who files for AOS.
more...
house 10 cups water
bmoni
05-02 12:43 AM
Hey,
Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....
Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....
tattoo 2 cups boiling water
Humhongekamyab
08-13 12:18 PM
Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
Congrats Buddy! What is your PD.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
Congrats Buddy! What is your PD.
more...
pictures use 4 cups water.
WeShallOvercome
11-21 12:34 PM
Look at us. We fight and worry and waste our life for such petty things as a plastic card.
Pray for your, your family's and friends' health..which is all what matters.
Please go to India, atleast for some time and get a second opinion from good hospitals. And remember, Prayer is the most powerful healer.
Pray for your, your family's and friends' health..which is all what matters.
Please go to India, atleast for some time and get a second opinion from good hospitals. And remember, Prayer is the most powerful healer.
dresses 3 cups water sugar syrup
test101
07-07 12:59 PM
anybody intrested in MA rally ?
more...
makeup 1 cup water (for the simple
Ram_C
11-06 01:40 PM
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
was your case transferd from NSC -> TSC ???
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
was your case transferd from NSC -> TSC ???
girlfriend -Bring 8 cups of water to a
Janisaris
08-24 08:49 PM
Did you get your reciept yet or checks cashed? Which service center?
hairstyles 3 cups water
desi3933
07-10 03:52 PM
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
skc526
02-24 03:24 PM
:)
PavanV
09-09 08:16 PM
Boss,
Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:
For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...
Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:
For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...
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