saisujatha123
05-11 01:52 PM
How about we all start a THANK YOU campaign? It would be similar to a flower campaign that we all did we send Thank You cards/letters to the President?
Just a thought?
How do we proceed with this campaign?
Just a thought?
How do we proceed with this campaign?
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reddysn
05-27 01:39 PM
I sent mail to all 12 senators mentioned
psaxena
09-10 07:23 PM
YOu are a USELESS fellow. Thats right.. Immigration voice core are the ones who are doing whatever they can for you thankless idiots like YOU!!
Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.
BTW keeps your "2 cents" to yourself. I hate reading the post like these.
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.
BTW keeps your "2 cents" to yourself. I hate reading the post like these.
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
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Jimi_Hendrix
12-14 06:13 PM
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
And yes, SKIL does not allow us to self petition, it is a travesty.
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xela
02-15 08:07 AM
Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!
kiwi
07-20 08:21 AM
Pledge $200
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CADude
08-02 01:30 PM
Thanks Andy for confirmation.
Patterns say AOS/EAD/AP application will be moved to TSC [if your I-140 is related to TSC] but USCIS retained the Receipt date @ NSC Received date. Not sure who assign RN and encash the check? TSC or NSC. Most probably TSC. :confused:
I received the receipt number today from my attorney
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
Patterns say AOS/EAD/AP application will be moved to TSC [if your I-140 is related to TSC] but USCIS retained the Receipt date @ NSC Received date. Not sure who assign RN and encash the check? TSC or NSC. Most probably TSC. :confused:
I received the receipt number today from my attorney
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
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czarseattle
05-03 07:14 PM
More conservatives are backing our cause than liberals. Seems counter initutive to me. Mid-western, southern red state senators are supporting high-tech immigration while I dont seem to hear anything from coastal blue state senators except about illegal immgirants. Why?
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zxc1251
02-03 02:46 PM
Just curious...WHAT CULTURE R U TALKING ABOUT?
1. 2G scam --- Our culture
2. CWG scam --- Our culture
3. Adarsh Housing society scam --- Our culture
4. Land acquisition in states like K'taka and Andhra --- Our culture
5. Gang rapes in Delhi --- Our culture
6. IPL scams --- Our culture
7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
9. North Indians treated as aliens in Mumbai --- Our culture
10. Hordes of muslims killed in Gujarat --- Our culture
11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
12. Mining scam in K'taka and Andhra --- Our culture
The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.
Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.
All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.
I think you got culture and problems mixed up......
What you have listed are problems our country is facing right now.....
While speaking 100 languages, celebrating 100 festivals and learning same values that we, our parents and their parents believed in is really a culture......
1. 2G scam --- Our culture
2. CWG scam --- Our culture
3. Adarsh Housing society scam --- Our culture
4. Land acquisition in states like K'taka and Andhra --- Our culture
5. Gang rapes in Delhi --- Our culture
6. IPL scams --- Our culture
7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
9. North Indians treated as aliens in Mumbai --- Our culture
10. Hordes of muslims killed in Gujarat --- Our culture
11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
12. Mining scam in K'taka and Andhra --- Our culture
The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.
Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.
All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.
I think you got culture and problems mixed up......
What you have listed are problems our country is facing right now.....
While speaking 100 languages, celebrating 100 festivals and learning same values that we, our parents and their parents believed in is really a culture......
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chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
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mirage
03-08 10:23 PM
While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
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chi_shark
07-09 02:55 PM
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
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akhilmahajan
04-14 10:59 AM
I think you also need a Canadian address.
My bad, it totally skipped my mind.
PR cards can only be mailed with in Canada.
My bad, it totally skipped my mind.
PR cards can only be mailed with in Canada.
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dontcareanymore
08-25 01:52 PM
............. People getting h-1b would mainly F-1 students.
Good that you used mainly , although the tone of the passage is ONLY. Any case, new mantra is R=G.
Good that you used mainly , although the tone of the passage is ONLY. Any case, new mantra is R=G.
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sunofeast_gc
11-08 04:49 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
If Florida State Workforce Agency classify your new position with diffrent category then you can tell your employer that you don't want this new position. I heard that after 180 days you can get promotion and change the role... Experts can comments further...
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
If Florida State Workforce Agency classify your new position with diffrent category then you can tell your employer that you don't want this new position. I heard that after 180 days you can get promotion and change the role... Experts can comments further...
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abq_gc
08-18 03:09 PM
What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
I agree with Refugee
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
I agree with Refugee
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sankap
07-09 11:58 PM
@desi3933:
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
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 permanent 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)
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. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
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 permanent 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)
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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Hello_Hello
02-08 04:17 PM
I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
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BharatPremi
11-01 04:55 PM
Guys,
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
gondalguru
08-18 06:35 PM
Stop fighting / dividing EB2 EB3 groups. EB3 filer should be able to port PD under EB2 category if he/she qualifies and obtains additional education / experience / qualification.
FIFO policy will help everybody (EB!, EB2, EB3)and keep things in order. I don't think there is anything wrong asking IV to involve in this matter as it is for everybody's benefit and not just EB2-I.
FIFO policy will help everybody (EB!, EB2, EB3)and keep things in order. I don't think there is anything wrong asking IV to involve in this matter as it is for everybody's benefit and not just EB2-I.
sripk
09-10 04:52 AM
I had a chance to file in EB2 with master's degree but my attorney screwed it up and filed in EB3 category instead and now i can't even port to EB2 as my company is no longer supporting new PERM applications due to bad economy. I am usually optimistic but with the current economic conditions and bleak chances of any immigration fix, I feel we are fighting a losing battle. God help us all in EB3 category.
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