GotGC??
06-15 05:51 PM
Folks, when you send/ask about details, it'd help if you could post your details like this (format borrowed from another post):
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast
wallpaper Image 12 of 19
sujith1
08-03 12:01 PM
Got 2 year EAD approved on 7/31/08
RD - July 11
Still waiting for spouse - not updates there
no updates on AP for both of us
RD - July 11
Still waiting for spouse - not updates there
no updates on AP for both of us
chi_shark
07-10 11:49 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
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.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
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.
2011 Image 13 of 20
zeta7
07-22 07:58 PM
Hi,
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
Hi MSandhu,
Yes, that helps a lot, thanks for the info. I am leaning towards abandoning the card for now; don't think I should risk a trip to Canada again if other options are available such as traveling by car. Plus if I understand it correctly I can get a travel document from the Canadian embassy too for air travel.
Thanks again.
EDIT: I called up the CIC center in Canada just to confirm my options today. The person I talked to said that it's true that to enter by land, you don't need a PR card; however, you will need at least one photo ID issued by a Canadian govt agency such as a drivers license. The landing document alone won't be sufficient as it doesn't have a photograph. She advised that a travel document should be issued easily enough, as long as I've maintained the residency requirements.
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
Hi MSandhu,
Yes, that helps a lot, thanks for the info. I am leaning towards abandoning the card for now; don't think I should risk a trip to Canada again if other options are available such as traveling by car. Plus if I understand it correctly I can get a travel document from the Canadian embassy too for air travel.
Thanks again.
EDIT: I called up the CIC center in Canada just to confirm my options today. The person I talked to said that it's true that to enter by land, you don't need a PR card; however, you will need at least one photo ID issued by a Canadian govt agency such as a drivers license. The landing document alone won't be sufficient as it doesn't have a photograph. She advised that a travel document should be issued easily enough, as long as I've maintained the residency requirements.
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gandu_no1
07-13 09:07 AM
I heard it to on my way to work.. nice coverage.
http://www.npr.org/templates/story/story.php?storyId=11945381
Just woke up to NPR morning news ... nice coverage on the July bulletin.
http://www.npr.org/templates/story/story.php?storyId=11945381
Just woke up to NPR morning news ... nice coverage on the July bulletin.
for_gc
11-17 03:59 PM
Done!
Thanks IV
Thanks IV
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starving_dog
06-26 12:02 PM
I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.
Check this out... http://www.visalaw.com/blog.html
Check this out... http://www.visalaw.com/blog.html
2010 Image 13 of 21
govindk
11-17 03:16 PM
Done.
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apahilaj
02-18 10:57 AM
I am assuming you guys saw this:
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.
Note: This only applies to concurrent filers of 485 and EAD.
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.
Note: This only applies to concurrent filers of 485 and EAD.
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WFGC2006
05-10 06:15 PM
Retrogressed all the way to 2000? Happened at the end of Q3 in the government calendar. Seem to me USCIS is laying the ground to assign all un-used visa number to indians in Q4. Just a guess....
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mita
08-12 10:47 AM
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
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nomorelogins
04-30 02:34 PM
gcbikari ,
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?
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diptam
06-27 12:26 PM
Another clause which dreads me ... "Waiver of Rights"
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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desi3933
07-09 11:02 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
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gondalguru
07-31 11:19 PM
EAD renewal applied for self / spouse
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
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sapota
10-08 01:03 PM
PD should be established on the first labor application.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
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minimalist
01-30 07:33 PM
1) Read about how treacherous a path they take when they cross the border. The position they were in their home country is what drives them to risk life to get to a place where they can find a better life and moreover provide a better life to family back at home , whom they may not see even once in few years.
Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.
2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.
2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
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EADplease
08-29 09:11 AM
I am sorry to ask this -- if I understand correct, LUD is last update date? What is your LUD, what does it say? Should we have LUD on I140 before anything happens to I485 application?
My I140 has been approved Aug 15, I485 is sent July 24 to TSC and I have no news about I485 yet.
Thank you for your reply.
485 Package received at NSC on July 23
No receipts, no checks cashed
I-140 approved TSC June 2007
I-140 LUD 8/12/2007
EB3 - India
PD - 8/2003
My I140 has been approved Aug 15, I485 is sent July 24 to TSC and I have no news about I485 yet.
Thank you for your reply.
485 Package received at NSC on July 23
No receipts, no checks cashed
I-140 approved TSC June 2007
I-140 LUD 8/12/2007
EB3 - India
PD - 8/2003
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simple1
05-01 02:16 PM
FB2A which is not very far behind.
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
Lasantha
02-07 12:18 PM
http://www.cic.gc.ca/english/newcomers/about-pr.asp
"Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period."
Looks like you landed just a month after me. So we have the same time lines.
Hi Lasantha,
Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.
Thanks again !!
"Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period."
Looks like you landed just a month after me. So we have the same time lines.
Hi Lasantha,
Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.
Thanks again !!
sanprabhu
11-18 01:00 PM
Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks
Sandeep
Sandeep
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