chi_shark
10-03 10:50 AM
actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...
So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?
If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.
In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.
Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.
PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.
So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?
If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.
In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.
Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.
PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.
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sha_kus
08-10 10:45 PM
Holy Cow...:confused:
deepikak
06-03 01:21 PM
http://www.opencongress.org/bill/110-h5882/show
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paskal
07-15 03:28 PM
please close this thread
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pmpforgc
10-10 09:24 PM
Friends
I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?
(1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.
(2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.
(3)If Schedule A categorey ends after 10/5/2005 as indicated in November visa bulletin what will happen to CASES like mine which were filed after that? does they get transfered to EB-2 ( or EB-3) with their filing dates, set as priority date?
(4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .
Your experienced help is Gretaly appreciated in this developing situation.
I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?
(1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.
(2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.
(3)If Schedule A categorey ends after 10/5/2005 as indicated in November visa bulletin what will happen to CASES like mine which were filed after that? does they get transfered to EB-2 ( or EB-3) with their filing dates, set as priority date?
(4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .
Your experienced help is Gretaly appreciated in this developing situation.
ak_2006
04-22 05:25 PM
I donated $50 and became a donar. Will do more in coming months.
more...
va_il
11-09 04:00 PM
Assuming this congress and senate would favor CIR...
is CIR good for us. Last time around when we discussed we concluded that it would overwhelm USCIS with work and they would not be able to attend our application for a while. So i wonder tagging along with illegals is going to speed our cause?
is CIR good for us. Last time around when we discussed we concluded that it would overwhelm USCIS with work and they would not be able to attend our application for a while. So i wonder tagging along with illegals is going to speed our cause?
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fromnaija
02-07 12:16 PM
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
<rant>
These corporate lawyers are something else! I had the same problem and was only able to file EB3 even though I have Bachelor with over 20 years experience. I think they just like to play it safe. My job was advertized as Bachelor plus four years experience even though HR agreed it required 5 years experience. God save us from fat a** corporate lawyers.
</end rant>
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
<rant>
These corporate lawyers are something else! I had the same problem and was only able to file EB3 even though I have Bachelor with over 20 years experience. I think they just like to play it safe. My job was advertized as Bachelor plus four years experience even though HR agreed it required 5 years experience. God save us from fat a** corporate lawyers.
</end rant>
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vivache
09-25 07:51 PM
I agree .. again :) .. that companies may not be too excited about the employees taking off for a few hours.
Can't we have something potent:
Say we have a page on IV that lists all the members with names, GC applied on, wait time to date, company working for. Accompanied by any info that makes this look authentic like SRC number .. or something (need not be displayed, but can be in database).
We could then get some graphs and statistics based on these figures and pass it on to lawmakers, other people who need to be influenced.
This way we have all teh facts .. rather than arbitrary data like:
"Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home."
Can't we have something potent:
Say we have a page on IV that lists all the members with names, GC applied on, wait time to date, company working for. Accompanied by any info that makes this look authentic like SRC number .. or something (need not be displayed, but can be in database).
We could then get some graphs and statistics based on these figures and pass it on to lawmakers, other people who need to be influenced.
This way we have all teh facts .. rather than arbitrary data like:
"Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home."
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saileshdude
02-23 04:19 PM
Hi Shana
If I understand your question correctly, then if you are using H1 then you need to be on payroll all the time. Does not matter whether or not using AC21. This applies even after 180 days of your AOS. If you use EAD then you can be without a job.
If I understand your question correctly, then if you are using H1 then you need to be on payroll all the time. Does not matter whether or not using AC21. This applies even after 180 days of your AOS. If you use EAD then you can be without a job.
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jamesbond007
09-05 03:18 PM
You are suggesting how to avoid it rather then try to acknowledge that there is a problem in the wording of AP. By problem, I meant the whole dynamics has changes over the years, so, its time they change to reflect today's reality.
There may not be everyone who would continue to be on H1 while their AOS is pending.
In light of the AC21 provision, this is pretty common - people change jobs using EAD and are then on AOS. Looks like the wording on AP was ignored when AC21 was being made into law. This is now biting some of the travelers.
Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?
There may not be everyone who would continue to be on H1 while their AOS is pending.
In light of the AC21 provision, this is pretty common - people change jobs using EAD and are then on AOS. Looks like the wording on AP was ignored when AC21 was being made into law. This is now biting some of the travelers.
Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?
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rkay
06-03 12:25 PM
Then why do you want to stay here. Just move out.
When did you start owning America ? Can I see the deed please ?
When did you start owning America ? Can I see the deed please ?
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pappu
02-27 10:27 PM
There is no doubt that IV has done a lot in the past and IV has great potential.
but why does everything come down to funding and lobbying ..can't we do anything without money ??
as I mentioned above IV has done a lot in the past but it is very very quiet now !!
say lobbying costs a million dollars ...it will take 100 years to raise that much money
how much money does it cost to come up with a new campaign or to announce a new campaign ???
I know my post will attract red dots etc ..but I am close to the point where it is either do something or wait for it to happen
You can run a campaign to contact media about this concept and get articles and interviews published. This would not cost money and would only require volunteer effort. You can start from your local paper and then try to increase it to other papers nationally.
Please lead such an effort and get other like minded members with you. That may help get publicity for the idea. You can also write some op-eds and get them published on this issue.
but why does everything come down to funding and lobbying ..can't we do anything without money ??
as I mentioned above IV has done a lot in the past but it is very very quiet now !!
say lobbying costs a million dollars ...it will take 100 years to raise that much money
how much money does it cost to come up with a new campaign or to announce a new campaign ???
I know my post will attract red dots etc ..but I am close to the point where it is either do something or wait for it to happen
You can run a campaign to contact media about this concept and get articles and interviews published. This would not cost money and would only require volunteer effort. You can start from your local paper and then try to increase it to other papers nationally.
Please lead such an effort and get other like minded members with you. That may help get publicity for the idea. You can also write some op-eds and get them published on this issue.
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immidude
06-28 02:25 PM
my attorney said i need to wait for 140 receipt to file 485
is that true?
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
is that true?
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
more...
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siravi
10-13 10:12 AM
I was glad I made it even if I was late. The local chapter is no more nebulous entity in my mind. Good to see you all.
PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)
Well - now I understand why you were there :)
Helllooooo!
Jokes aside, I agree, it was a good meet.
As I said earlier, it was encouraging to see interested, motivated folks join the party. I enjoyed meeting with all, and was good to have some honest exchange about IV related questions, clarification of its goals, etc. Nice!
Glad you joined the fun, frankie. Hey, labochic! that was some speech--do you have a copy? :D
PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)
Well - now I understand why you were there :)
Helllooooo!
Jokes aside, I agree, it was a good meet.
As I said earlier, it was encouraging to see interested, motivated folks join the party. I enjoyed meeting with all, and was good to have some honest exchange about IV related questions, clarification of its goals, etc. Nice!
Glad you joined the fun, frankie. Hey, labochic! that was some speech--do you have a copy? :D
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wellwishergc
04-03 11:12 AM
bheemi,
I am shocked at your statement after seeing such an organized effort from IV. The only conclusion that I could make is - you are sympathetic to the 'anti-immigrant sentiments' and are out here to create trouble.
Anyways, instead of criticizing someone, please let us know what you have done for the cause.
I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
I am shocked at your statement after seeing such an organized effort from IV. The only conclusion that I could make is - you are sympathetic to the 'anti-immigrant sentiments' and are out here to create trouble.
Anyways, instead of criticizing someone, please let us know what you have done for the cause.
I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
more...
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GotFreedom?
04-02 05:44 PM
Dude, you forgot the most important point....
After apology/providing GC, they are going to provide settlement assistance as a welcome gift....
Right!!! and in the future bulletins, the dates will continue to move to the future and all the FOBs will be forced to take the GC at the POEs else they will be denied entry into the US of A.
After apology/providing GC, they are going to provide settlement assistance as a welcome gift....
Right!!! and in the future bulletins, the dates will continue to move to the future and all the FOBs will be forced to take the GC at the POEs else they will be denied entry into the US of A.
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pdx_Soft_Eng
02-26 05:36 PM
Just made my contribution... I am in the middle of applying for LC, not sure if I will be able to eliminate all the applicants but I know so much about the issues for foreign nationals and I am so happy to see some professionals handling our case. I hope this time the bill will pass...
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anandrajesh
05-11 11:59 AM
Having seen so many stunts in the last 6 mos or so, i am hoping this one is for real. Let us wait and see.
eb2dec2005
04-15 12:31 PM
Well, last year i was in a similar situation too ,actually worse than yours.My project ended in February '08.Then i went to India for 4 months. After i got back , my employer refused to pay for my health inssurance.I opted for COBRA and was paying 1200$ for my family , with my husband and child listed as dependants.I attended several interviews,while I was expecting my second child . Though its against the law, many were skeptical in employing me as a consultant during this time. I was very lucky to get a full time offer using my EAD, where my health coverage started after 60 days .All this time, without a project , i was paying through my nose for the health insurance using COBRA.
Ofcourse, i never bothered to inform my employer about my new employement.(Do i need to??)One fine day, i get an update on my H1 application , that the case has been reopened for review , and i get to know through my employer that he has CANCELLED my H1(got a 3 year extension based an approved I140).He did not give me chance to transfer it, inspite of me working rather slogging for 4 years , during which he shamelessly took the overtime money i earned as part of the billing.Though, i feel cheated,used etc etc.... but i did nothing. What could i have done?
All through my journey in this GC process, i have had bitter experiences with desi employers.Though i've been in this country for 10 long years, i am still sitting waiting for my GC with the PD of Dec '05!! The previous employer, said he was filing my GC under EB2 but actually used EB3. And he also was willing to 'sell me my labor' for 12k!!!!! when i requested for retaining the PD. I coulddo nothing..
I am not writing all this to vent my anger but to make you think that there could be other worse things happening to us.
Also can somebody educate me on the 'stimulus' ,please?(pardon my ignorance)
Thanks
Ofcourse, i never bothered to inform my employer about my new employement.(Do i need to??)One fine day, i get an update on my H1 application , that the case has been reopened for review , and i get to know through my employer that he has CANCELLED my H1(got a 3 year extension based an approved I140).He did not give me chance to transfer it, inspite of me working rather slogging for 4 years , during which he shamelessly took the overtime money i earned as part of the billing.Though, i feel cheated,used etc etc.... but i did nothing. What could i have done?
All through my journey in this GC process, i have had bitter experiences with desi employers.Though i've been in this country for 10 long years, i am still sitting waiting for my GC with the PD of Dec '05!! The previous employer, said he was filing my GC under EB2 but actually used EB3. And he also was willing to 'sell me my labor' for 12k!!!!! when i requested for retaining the PD. I coulddo nothing..
I am not writing all this to vent my anger but to make you think that there could be other worse things happening to us.
Also can somebody educate me on the 'stimulus' ,please?(pardon my ignorance)
Thanks
gsc999
08-01 12:25 PM
People with grown up kids, I guess would prefer Canada over India. There are many problems starting with the education system, reservations etc. For kids who had been studying here from KG through grade 8-9 it's difficult to get dragged in the rat race in India, especially for normal kids who don't belong to any reservation category.
I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
-----
I am not sure if you are aware of NAFTA, it was a trade aggrement that was suppose to be the equivalent of EU in terms of trade. It failed because low-cost manufacturing took flight from Mexico to China and similar scenario for software from US/Canada to India. This trend is not going to reverse in next few years. Exceptions will always be there.
Service sector already accounts for 40 to 50% of Indian GDP and will keep growing. Based on these facts it is obvious that long term economic prospects are better in India/ China, since you are looking from your children's perspective.
Also, you mention issues about Indian education system. I disagree. There are problems with American education system also. You can't generalize. If your kids are smart they can get into better colleges like IITs etc. I think you are confusing the issue about adaptability with good future prospects.
One last thing about issues. It would be good to let your kids decide what skils they are interested in learning, most Indian parents live their own dreams through their kids. Just a suggestion :)
I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
-----
I am not sure if you are aware of NAFTA, it was a trade aggrement that was suppose to be the equivalent of EU in terms of trade. It failed because low-cost manufacturing took flight from Mexico to China and similar scenario for software from US/Canada to India. This trend is not going to reverse in next few years. Exceptions will always be there.
Service sector already accounts for 40 to 50% of Indian GDP and will keep growing. Based on these facts it is obvious that long term economic prospects are better in India/ China, since you are looking from your children's perspective.
Also, you mention issues about Indian education system. I disagree. There are problems with American education system also. You can't generalize. If your kids are smart they can get into better colleges like IITs etc. I think you are confusing the issue about adaptability with good future prospects.
One last thing about issues. It would be good to let your kids decide what skils they are interested in learning, most Indian parents live their own dreams through their kids. Just a suggestion :)
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