simple1
10-07 04:03 PM
you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
wallpaper Richard Dolido#39;s 1965 Mustang
bestia
07-16 10:52 PM
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
He will not lose his job. He will be criminally prosecuted.
-C.
He will not lose his job. He will be criminally prosecuted.
jayleno
04-25 07:11 PM
Hi,
I think you should be fine. Like everyone tells...in such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you down...here is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.
I think you should be fine. Like everyone tells...in such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you down...here is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.
2011 MY 65 FASTBACK WAS STOLEN IN
Raven
01-20 03:05 PM
Forgive me for being naive and ignorant but I thought Obama was for immigrants/immigration/CIR. What Happened here? Did I miss something..Fill me in if you can please. Thanks.
more...
nkavjs
12-18 01:36 AM
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
agiyer
02-06 07:49 PM
Thanks for the replies....Working voluntarily, does it mean that you need to work only in Non-Profit Orgs? in my case, I was wondering whether it is legal to work voluntarily when in an H4 visa for a Private Audit Firm and you audit their customers but do not take any pay of any kind from anybody till you get your H1-B in Oct?
more...
honeyB
01-23 04:42 PM
bump
2010 1965 Mustang GT Convertible
lermitthefrog
06-15 02:41 PM
WOW! that would be great. All you have to do is fill out the application at http://s7.invisionfree.com/TGG_Team_Forum/ and you can go to http://s7.invisionfree.com/TGG_Team_Forum/ to register. Also if you don't check your email often, you should. Most communication is based on email and if you don't reply after some time your gone. (it's happened before!)
more...
srikondoji
04-26 07:16 PM
http://o3.indiatimes.com/dindora/archive/2006/04/27/642160.aspx
Many of my blogs were posted on the front page of timesOfIndia news paper.
With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.
Please write comments on this blog and make additions to what i have posted.
Thanks
sri
Many of my blogs were posted on the front page of timesOfIndia news paper.
With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.
Please write comments on this blog and make additions to what i have posted.
Thanks
sri
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gcseeker2002
02-07 10:56 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
Oh NO, if this happens then it will close the last door on many people.
Oh NO, if this happens then it will close the last door on many people.
more...
roseball
04-19 10:49 PM
The reason you did not get an approval with I-94 is that it seems your current status is valid only till May and I am not sure if your attorney included the documents (I-20) mentioning that you will be enrolled in Kaplan from June - Oct......USCIS wont approve a H1 with I-94 if you do not show evidence that you have valid status till Oct 1st.....
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vishwak
02-23 09:59 AM
I'm not sure about Mortgage.
But for Cars I heard below.
One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.
One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.
Forget about Banks, even Credit Unions are doing the same.
But for Cars I heard below.
One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.
One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.
Forget about Banks, even Credit Unions are doing the same.
more...
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Rajwaitingon140
11-21 12:09 PM
Quizzer
Could you please let me know what is the procedure to go for an SR (Service Request)?
Thanks in advance.
Raj
Hi Raj
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
Could you please let me know what is the procedure to go for an SR (Service Request)?
Thanks in advance.
Raj
Hi Raj
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
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needhelp!
11-12 06:06 PM
You were already added on Friday! We need one more.
But.. You'll get your Tshirt at the meet on Dec 8th
I change my membership from GA to TX. Where is my T-shirt?
But.. You'll get your Tshirt at the meet on Dec 8th
I change my membership from GA to TX. Where is my T-shirt?
more...
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komaragiri
08-09 11:22 AM
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
You can expect receipts by Aug 24th or during last week of Aug(Based on current trend at NSC)
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
You can expect receipts by Aug 24th or during last week of Aug(Based on current trend at NSC)
dresses Rick Tousley#39;s 1965 Mustang
LostInGCProcess
11-14 02:57 PM
Another example of how inefficient USCIS is. I have applied my EAD in Aug 28th, did the FP in Sept 22, case still pending. I sent to Texas Service center.
Which center did you file your EAD?
Which center did you file your EAD?
more...
makeup 1965 Mustang Fastback
gmail
12-21 12:47 PM
I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.
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nashim
08-11 11:28 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
hairstyles Richard Dolido#39;s 1965 Mustang
uscisc
09-10 02:53 PM
Company A - EB3 � PD Nov 2004.
Company B - EB2 � PD Feb 2007.
In July-2007 I applied 485 Using Company A EB3. In Apr-2008 I moved to Company B and In Feb 2009 my attorney sent an interfiling request to change the category on my EB3 case to EB2.
My attorney also told that, in general this kind of update look complex to the USCIS people and ignore the request.
If that happens then the next thing is to let our senator or congress man call to USCIS and request them to show more attention on that interfiling request. And you should do this after 3 months after sending the interfiling request.
One question, did you received the same alien number on both the I-140s or not? In my case my alien numbers are also different.
Also as of today I did not know whether my interfiling is success or not. The only way I will know about it is by calling the service center, which I haven�t done yet.
My attorney has confidence that we can get the category changed.
Also as mmrao2007 specified, my attorniey also sent the documents with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers.
Company B - EB2 � PD Feb 2007.
In July-2007 I applied 485 Using Company A EB3. In Apr-2008 I moved to Company B and In Feb 2009 my attorney sent an interfiling request to change the category on my EB3 case to EB2.
My attorney also told that, in general this kind of update look complex to the USCIS people and ignore the request.
If that happens then the next thing is to let our senator or congress man call to USCIS and request them to show more attention on that interfiling request. And you should do this after 3 months after sending the interfiling request.
One question, did you received the same alien number on both the I-140s or not? In my case my alien numbers are also different.
Also as of today I did not know whether my interfiling is success or not. The only way I will know about it is by calling the service center, which I haven�t done yet.
My attorney has confidence that we can get the category changed.
Also as mmrao2007 specified, my attorniey also sent the documents with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers.
jsb
01-02 11:29 AM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
...?
BTW, if your AOS case is already filed and pending, why do you need an attorney now? Aren't you just waiting to get the case adjudicated. I mean where do you expect attornyes to help at this point? Don't you think educated people as we are, can handle questions/queries ourselves? Renewing EADs, APs is just a routine form filing.
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
...?
BTW, if your AOS case is already filed and pending, why do you need an attorney now? Aren't you just waiting to get the case adjudicated. I mean where do you expect attornyes to help at this point? Don't you think educated people as we are, can handle questions/queries ourselves? Renewing EADs, APs is just a routine form filing.
diptam
08-03 11:33 PM
LIN0722454546 was the Last one for 224 th working day from Oct 1st 2006
Great formula
There you go...)
Great formula
There you go...)