vikki76
09-29 11:30 PM
Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
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alias
08-18 03:01 PM
[QUOTE=java4yogi;279264]After reading lots of forums contributors, my 2 cents :
a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.
As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!
QUOTE]
Yes, couldn't agree more...
a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.
As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!
QUOTE]
Yes, couldn't agree more...
rtarar
05-20 08:22 AM
I am a July 2nd Filer, and have not gone through FP till now.
I e filed on 11th May for EAD /AP renewal for myself and spouse.
LUD on 14 th May. Receipt notices received 16 th may.
Got FP notice only for myself on 19 th May.
(Still waiting for spouse's FP notice)
-R
I e filed on 11th May for EAD /AP renewal for myself and spouse.
LUD on 14 th May. Receipt notices received 16 th may.
Got FP notice only for myself on 19 th May.
(Still waiting for spouse's FP notice)
-R
2011 sean my last lyrics. ig
GumI485
07-03 01:44 PM
I would sent some cactus if there were options to do that.:D
GUd one!!!LOL!!!
GUd one!!!LOL!!!
more...
Janisaris
09-14 10:57 AM
I called and talked to a level 2 officer and she could not find us in the system.
Filed on July 19th. 140 approved from NSC in June 2006. NSC is receipting August 2nd applications. Very frustrationg and I dont know how long it will take.
Filed on July 19th. 140 approved from NSC in June 2006. NSC is receipting August 2nd applications. Very frustrationg and I dont know how long it will take.
Sakthisagar
11-18 09:37 PM
Done!
more...
mheggade
07-20 09:45 AM
I pledge $100
2010 Off of Big Sean#39;s debut album
PDOCT05
10-10 12:06 PM
I am still waiting :)
more...
GreeNever
05-03 12:42 PM
Thank you folks for stepping up to answer a couple of us. Good Luck to everyone involved!
hair Trend Setter Nick - My Last
ItIsNotFunny
06-13 07:53 AM
My attorney told me that they sent my case to USCIS through FEDEX overnight on 6th June. My check is not cleared from my bank yet. I am concerned about my RD. Any idea?
more...
lj_rr
09-13 03:40 PM
New thread created.All TSC Filers please post here.
http://immigrationvoice.org/forum/showthread.php?t=13344
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
http://immigrationvoice.org/forum/showthread.php?t=13344
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
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leoindiano
12-16 08:06 PM
I am from North Carolina as well. No FP yet...It could be something to do with NC local office.....
texas-vermont-texas cycle...application date August 3rd.
texas-vermont-texas cycle...application date August 3rd.
more...
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acecupid
09-24 02:19 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
tattoo girlfriend my last Big Sean My
alterego
12-11 05:05 PM
I feel more H1b visas alone and/or nurses visas only would actually be bad for us. It takes some of the pressure off the senators from the Tech Lobby/healthcare lobby. In fact one of the silver linings in this last week is that nothing at all was done. This is sure to keep the pressure rising in the start of the 110th congress.
more...
pictures Big Sean And Chris Brown#39;s #39;My
arnet
06-28 03:20 PM
thanks waldenpond.
dresses ig sean my last lyrics.
485Mbe4001
07-28 03:05 PM
:D well said..
self interest is the ONLY binding factor amongst 'highly skilled' workers
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
.....
Peace!
self interest is the ONLY binding factor amongst 'highly skilled' workers
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
.....
Peace!
more...
makeup ig sean my last lyrics.
krishnam70
07-11 09:05 PM
Eom
girlfriend ig sean my last lyrics.
arindamb
10-08 06:55 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
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chalamcharla
10-10 02:13 PM
Still Waiting !! 90 days reached, Received by R.Williams on July 5th , Nebraska. Did any july 5th filers got receipts from NSC :o:confused::mad:
tonyHK12
02-15 09:47 AM
Great initiative IV. Finally signed up for monthly contributions. If that doesn't count towards the event fund, will make a one time contribution as well.
thanks pbuckeye, nandu_k_n.
for pbuckeye - please send all these details to ivcoordinator@gmail.com along with your email and phone.
thats right, only one time contributions are being considered for this event.
thanks pbuckeye, nandu_k_n.
for pbuckeye - please send all these details to ivcoordinator@gmail.com along with your email and phone.
thats right, only one time contributions are being considered for this event.
amsgc
08-25 12:57 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
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