chanduv23
11-17 02:26 PM
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
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Macaca
09-12 04:06 PM
RANDAL C. ARCHIBOLD (http://www.nytimes.com/gst/emailus.html)
NEELA BANERJEE: nbanerjee@nytimes.com *
JAMES BARRON (http://www.nytimes.com/gst/emailus.html)
NINA BERNSTEIN: nbernstein@nytimes.com *
JULIE BOSMAN
EMILY BRADY
CARA BUCKLEY
DAVID W. CHEN
MARJORIE CONNELLY (http://www.nytimes.com/gst/emailus.html)
HELENE COOPER
ANNIE CORREAL
NICOLE COTRONEO
MONICA DAVEY
LAWRENCE DOWNES
TIMOTHY EGAN
KAREEM FAHIM
ALAN FEUER
ROBIN FINN
IAN FISHER
SAMUEL G. FREEDMAN sgfreedman@nytimes.com
DAVID GONZALEZ
STEVEN GREENHOUSE
Clyde Haberman
RAYMOND HERNANDEZ (http://www.nytimes.com/gst/emailus.html)
JOSEPH P. HOAR
JOHN HOLUSHA
CARL HULSE (http://www.nytimes.com/gst/emailus.html)
KIRK JOHNSON (http://www.nytimes.com/gst/emailus.html)
CLIFFORD KRAUSS
PAUL KRUGMAN krugman@nytimes.com
MARC LACEY
BRUCE LAMBERT
DAVID LEONHARDT Leonhardt@nytimes.com
PATRICIA NELSON LIMERICK
STEVE LOHR: slohr@nytimes.com *
MICHAEL LUO (http://www.nytimes.com/gst/emailus.html)
NEIL MacFARQUHAR
EILEEN MARKEY
ROBERT D. McFADDEN
JAMES C. McKINLEY Jr.
TIM MURPHY
MIREYA NAVARRO
JACQUELINE PALANK: jpalank@nytimes.com
ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) rpear@nytimes.com
JULIA PRESTON (http://www.nytimes.com/gst/emailus.html) juliapreston@nytimes.com
ANTHONY RAMIREZ: aramirez@nytimes.com | anthonyramirez@nytimes (did not work)
DAVID K. RANDALL
SAM ROBERTS
JESS ROW
JIM RUTENBERG (http://www.nytimes.com/gst/emailus.html)
MARC SANTORA (http://www.nytimes.com/gst/emailus.html)
JENNIFER STEINHAUER (http://www.nytimes.com/gst/emailus.html)
DAVID STOUT (http://www.nytimes.com/gst/emailus.html)
HEATHER TIMMONS
ROBIN TONER
MICHAEL WINERIP parenting@nytimes.com
JEFF ZELENY
NEELA BANERJEE: nbanerjee@nytimes.com *
JAMES BARRON (http://www.nytimes.com/gst/emailus.html)
NINA BERNSTEIN: nbernstein@nytimes.com *
JULIE BOSMAN
EMILY BRADY
CARA BUCKLEY
DAVID W. CHEN
MARJORIE CONNELLY (http://www.nytimes.com/gst/emailus.html)
HELENE COOPER
ANNIE CORREAL
NICOLE COTRONEO
MONICA DAVEY
LAWRENCE DOWNES
TIMOTHY EGAN
KAREEM FAHIM
ALAN FEUER
ROBIN FINN
IAN FISHER
SAMUEL G. FREEDMAN sgfreedman@nytimes.com
DAVID GONZALEZ
STEVEN GREENHOUSE
Clyde Haberman
RAYMOND HERNANDEZ (http://www.nytimes.com/gst/emailus.html)
JOSEPH P. HOAR
JOHN HOLUSHA
CARL HULSE (http://www.nytimes.com/gst/emailus.html)
KIRK JOHNSON (http://www.nytimes.com/gst/emailus.html)
CLIFFORD KRAUSS
PAUL KRUGMAN krugman@nytimes.com
MARC LACEY
BRUCE LAMBERT
DAVID LEONHARDT Leonhardt@nytimes.com
PATRICIA NELSON LIMERICK
STEVE LOHR: slohr@nytimes.com *
MICHAEL LUO (http://www.nytimes.com/gst/emailus.html)
NEIL MacFARQUHAR
EILEEN MARKEY
ROBERT D. McFADDEN
JAMES C. McKINLEY Jr.
TIM MURPHY
MIREYA NAVARRO
JACQUELINE PALANK: jpalank@nytimes.com
ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) rpear@nytimes.com
JULIA PRESTON (http://www.nytimes.com/gst/emailus.html) juliapreston@nytimes.com
ANTHONY RAMIREZ: aramirez@nytimes.com | anthonyramirez@nytimes (did not work)
DAVID K. RANDALL
SAM ROBERTS
JESS ROW
JIM RUTENBERG (http://www.nytimes.com/gst/emailus.html)
MARC SANTORA (http://www.nytimes.com/gst/emailus.html)
JENNIFER STEINHAUER (http://www.nytimes.com/gst/emailus.html)
DAVID STOUT (http://www.nytimes.com/gst/emailus.html)
HEATHER TIMMONS
ROBIN TONER
MICHAEL WINERIP parenting@nytimes.com
JEFF ZELENY
makemygc
07-06 01:58 PM
me too. Personally I think Australia might have better weather but Canada is closer
How about newzealand?
How about newzealand?
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JunRN
10-24 12:19 AM
If this becomes a law, the USCIS will draft the rules. Definitely, those who are already in line will be allowed to use the recaptured visas and will pay the fees for that. They will also retain the PD.
I am hoping for the best this time.
I am hoping for the best this time.
more...
r_mistry
01-14 11:13 AM
How can we find out the current processing date for AP ?
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
vbkris77
02-24 12:14 PM
With US becoming in-tolerant to Legal immigration, Australia moving to toughen rules, BNP winning seats in UK, Singapore curtailing immigration, India denying visas and the list continues..
It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.
I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.
I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.
This year H1B quota is an eye opener. I think the trend continues next year and year after.
But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.
Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.
Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.
It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.
I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.
I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.
This year H1B quota is an eye opener. I think the trend continues next year and year after.
But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.
Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.
Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.
more...
Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
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trueguy
03-03 03:40 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
more...
makemygc
07-06 01:01 PM
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said and this was posted couple of days back.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said and this was posted couple of days back.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
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indio0617
01-11 02:25 PM
1 point we should make to the lawmakers is to make an administraive change to give 3 years extensions and abolish 1 year extensions. As 1 year extensions are not suffecient a very solid case can be presented for that case.
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
Also we need to ask for some accountability and transparency in the Backlog processing. All of us (victims) with LCs in the backlog centers have been reduced to foolish gamblers trying to figure out what is happening with our applications.
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
Also we need to ask for some accountability and transparency in the Backlog processing. All of us (victims) with LCs in the backlog centers have been reduced to foolish gamblers trying to figure out what is happening with our applications.
more...
murali77
07-09 05:39 PM
I am in for the LA rally. Live in San Fernando valley.
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qualified_trash
01-03 04:16 PM
I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
as for what is best, we should all ask our parents and they would say do whats best for your kid because that is what they did. they did their best for us and we should do the best for our kids as they should do their best for theirs........
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
as for what is best, we should all ask our parents and they would say do whats best for your kid because that is what they did. they did their best for us and we should do the best for our kids as they should do their best for theirs........
more...
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GotFreedom?
03-13 11:49 AM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
This is a awesome news for the old timers. I hope you are not kidding around.
Enjoy your freedom.
PS: Are you sure that the email you received was for 485 and not for other applications such as EAD or AP?
This is a awesome news for the old timers. I hope you are not kidding around.
Enjoy your freedom.
PS: Are you sure that the email you received was for 485 and not for other applications such as EAD or AP?
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IVFOREVER
04-30 03:14 PM
Mr.King is a mouth piece for some (NUmbersUSa......) with out any knowledge on issues....
What do you expect from MR.King?
What do you expect from MR.King?
more...
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Asian
08-10 02:55 PM
O.K. I might have confused some.
There are certain child tax credit that you qualify with ITIN. But there is another kind of child tax credit which you cannot claim without the child's SSN. I cannot remember the exact name of the tax item but I do remember it was a big amount. Eventually, by the time we can get her SSN (hopefully if we are lucky enough) after GC, we won't qualify once again because of the income limit.
This is from the IRS website at:
As for:
I have filed returns for my child but my child was born here so we do have a SSN.
There are certain child tax credit that you qualify with ITIN. But there is another kind of child tax credit which you cannot claim without the child's SSN. I cannot remember the exact name of the tax item but I do remember it was a big amount. Eventually, by the time we can get her SSN (hopefully if we are lucky enough) after GC, we won't qualify once again because of the income limit.
This is from the IRS website at:
As for:
I have filed returns for my child but my child was born here so we do have a SSN.
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kalyan
04-12 09:10 AM
There will be lot of LC's that will be coming up for sale or to lure employees since majority of the employees might have left Desi Consulting Cos becoz of the sheer amount of Dirt Practice, they do.
INS at some point of time should ban LC substitution. this is another mess that is a slow poison for retrogression.
INS at some point of time should ban LC substitution. this is another mess that is a slow poison for retrogression.
more...
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jetguy777
01-21 11:10 AM
AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks
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arung
12-12 10:55 AM
I got financing using EAD in March 2010, and got refinancing recently still using EAD but not the WFC. There should no criteria or need to have GC only. Talk to agent or other lender and you need one, "DESI company" let me know.
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andycool
04-12 12:02 PM
no answer ?
May be they had some other Add Already posted :cool:..
May be they had some other Add Already posted :cool:..
9years
12-03 08:03 AM
Congrats 9Years. What a big relief ...... Right !!! Finally DONE. I am waiting for the same moment .....
Hi Vayumahesh,
Thank you and you will get it soon. Best of luck.
Hi Vayumahesh,
Thank you and you will get it soon. Best of luck.
go_guy123
02-24 06:38 PM
I have MBA from an American university, do you think it's going to help me?
MBA is always better than a MS from US..guaranteed. MS doesn't fetch much. I know it first hand. I have MS from US and worked in India. I then got an MBA from Canada.
MBA is always better than a MS from US..guaranteed. MS doesn't fetch much. I know it first hand. I have MS from US and worked in India. I then got an MBA from Canada.
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