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  • h1bmajdoor
    09-30 01:00 PM
    Hi,

    Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.

    Thanks in advance

    best talk to a lawyer. It is worth the money in this case. These are arcane areas of the law, and once you make a mistake, you will be harassed all your life here.




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  • IVFOREVER
    03-26 05:15 PM
    EB3 MAY 08 vb --- Jan02 or Dec 01.




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  • beautifulMind
    10-08 12:40 PM
    What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince




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  • krishnam70
    07-05 10:51 AM
    Guys
    this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.

    cmon, arise,awake.



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  • knnmbd
    05-03 10:53 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...

    The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.




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  • ksurjan
    08-11 10:07 AM
    Applied for myself and wife on 6/30. No update yet. I hope I get it before the current EAD expires on 9/9.



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  • prashantkh
    07-09 05:29 PM
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  • aj1234567
    10-04 06:16 PM
    Hi
    Any body got finger print appointment letter who filed on Aug3.
    Thanks
    AJ



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  • delhiguy
    07-07 08:05 AM
    Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
    Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007


    The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
    If we dont get the GC yearly number increased for India , we should plan to go back,..
    How long can i wait to file 485..
    I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
    They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

    The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

    In one way we should be happy that the USCIS is cleaning its internal backlog,




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  • alex99
    03-28 02:51 PM
    It was mentioned in the Spread sheet:
    Assuming 60% EB3, 35% EB2, 3% EB4, 1% EB5 and rest EB1 category applicants

    The above % is may not be correct...

    It should be :

    Assuming 45% EB3, 45% EB2, 3% EB4, 1% EB5 and rest EB1 category applicants



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  • pani_6
    09-10 11:38 AM
    Is the Visa Bull right or the Mumbia console??..which :o one..




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  • goel_ar
    11-18 09:08 AM
    done.



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  • kshitijnt
    07-09 03:28 PM
    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .

    I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.



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  • gcdreamer05
    08-27 02:47 PM
    Holy cow... I cannot believe, I got my green card today...

    My online case status changed to card production ordered today (1 hour ago).

    I had filed during july fiasco and was not abel to send my medical tests , so had got RFE.
    Then i took the medicals and sent the response in july 2009, and the status remained RFE response received for a long time.

    I called NSC and opened a service request on Aug 18.

    Guys believe me Service Request does miracles, they just approved it now.

    So my journey came to an end after 7 years.

    If I got green card, the whole credit goes to IV. You guys are really great, learnt a lot from this forum. Kudos to you all...

    I will continue to visit these forums and help as much as I can.

    I still cannot believe I got it.




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  • gccovet
    08-12 07:39 AM
    GCCovet/Mahujam,
    - How did you find out about the LUD?
    - What is soft LUD vs. hard ?
    - what are possible reasons of an LUD ?

    Thanks in advance!

    Hi,
    (LUD = Last Update Date.)
    You need to register on uscis.gov (case status online), you will need your receipt numbers (you can enter rect. nos. from I-140, 485, 765, h1 ext. etc). You will get an email as soon as your case has been approved/rfe/noid etc.

    When you get an email due to any change and the text changes in your case status it is called Hard LUD, if nothing changes in the case but your file has been touched then it is called soft LUD.

    There can be several reasons for soft lud.
    HTH
    GCCovet



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  • PavanV
    09-09 08:16 PM
    Boss,

    Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:

    For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...




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  • akhilmahajan
    02-09 11:28 PM
    Thanks a lot us_employee.

    Grand Total - $819

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.
    Made $20.00 contribution just now through Paypal.
    Unique Transaction ID #7HY45972ES075991A




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  • capriol
    09-13 03:10 PM
    Create a new thread for TSC.

    Sanjeev:
    I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.




    probe
    09-12 10:47 PM
    Probe:

    when did you file your I-140 was it concurrent or filed prior to filing I-485?

    .

    I filed I-140 in Nov 2006 and it is not a concurrent application




    VK373
    06-11 05:52 PM
    They sent you receipt before cashing the checks?

    Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.

    Summer....

    I got them in mail from USCIS, Lincoln NE.

    Thanks.



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