deepak
09-10 08:02 PM
Deepak,
Simple thing, I don't comment all the bull that goes on , on the open forum, discussing Vonage to anything, who cares. Put up the opinions no problem. But there has to be a limit on how and what are you putting up.
Despite IV doing so much for the community, the post from gvenkat, jyoti and including yours and lot others (guys you know whom I am talking about) actually demotivate the group and this way you contribute to IV but all NEGATI VE When I see this type shit I just cannot stop myself and I think would be a shame on myself if I do so.
Also , one time donation are not helping. IV needs more donations, more volunteers. Come on join in, everything is flexible here for volunteers, so please contribute and donate.IV core has got it to this point with least support and proved that yes it can be done now what else do you what IV to prove. After this still you are looking for something for them to prove. then its nothing to prove all BS excuses for not being the part of it.
If that is the case , then who cares about ones opinion???
You just called a member of this forum a useless idiot. What does that make you.
You know what? You need money to lobby for your GC, spend your own money.Cough up more per month. And when you get your GC, you know what? I will get mine too, and I will sit there with a smug smile and wave it in your face.
How did you feel reading that? Thankfully, most people are not that way, even though you accuse them of being that way. It does not make anyone feel good to be called that either. Maybe you are having a bad day, but remember, you are a senior member and you are asking for donations. Calling people useless idiots is not going to get much.
How much do you want to bet that there are people like me who are a bit wary of donating money if it is going to be handled by people like you?
Simple thing, I don't comment all the bull that goes on , on the open forum, discussing Vonage to anything, who cares. Put up the opinions no problem. But there has to be a limit on how and what are you putting up.
Despite IV doing so much for the community, the post from gvenkat, jyoti and including yours and lot others (guys you know whom I am talking about) actually demotivate the group and this way you contribute to IV but all NEGATI VE When I see this type shit I just cannot stop myself and I think would be a shame on myself if I do so.
Also , one time donation are not helping. IV needs more donations, more volunteers. Come on join in, everything is flexible here for volunteers, so please contribute and donate.IV core has got it to this point with least support and proved that yes it can be done now what else do you what IV to prove. After this still you are looking for something for them to prove. then its nothing to prove all BS excuses for not being the part of it.
If that is the case , then who cares about ones opinion???
You just called a member of this forum a useless idiot. What does that make you.
You know what? You need money to lobby for your GC, spend your own money.Cough up more per month. And when you get your GC, you know what? I will get mine too, and I will sit there with a smug smile and wave it in your face.
How did you feel reading that? Thankfully, most people are not that way, even though you accuse them of being that way. It does not make anyone feel good to be called that either. Maybe you are having a bad day, but remember, you are a senior member and you are asking for donations. Calling people useless idiots is not going to get much.
How much do you want to bet that there are people like me who are a bit wary of donating money if it is going to be handled by people like you?
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ca_immigrant
02-07 05:54 PM
I think culture vs quality of life is a different thing.
I am not saying that one place is better than the other...
There are many things for which I love living in the US...long list...
there are many things for which I love living in India...I think the list might not be as long as the US one....
2 of the main things I miss in the US.
1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...
Again, I am not saying life is easier or better in one place compared to the other...
If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)
Both are great countries with plus and minus....
Peace !!!
All the best to all my friends here (the ones who stay and the ones who go back ) !!
I am not saying that one place is better than the other...
There are many things for which I love living in the US...long list...
there are many things for which I love living in India...I think the list might not be as long as the US one....
2 of the main things I miss in the US.
1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...
Again, I am not saying life is easier or better in one place compared to the other...
If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)
Both are great countries with plus and minus....
Peace !!!
All the best to all my friends here (the ones who stay and the ones who go back ) !!
eb3_nepa
06-26 03:07 PM
Santosh_gc, I don't have a problem when you talk about illegals getting ahead of legals etc. But the comment about illegal immigrants bringing corruption into the U.S. was way out of line. It is unfair that illegal immigrants may get ahead of legal immigrants. Let us leave it at that and not speculate on how they might introduce corruption into society. No discussions on how they break the law when they enter the country - that is a bogus argument. Just about every one of us breaks the law every time he/she gets behind the wheel of a car, unless you claim you always drive the speed limit. By your logic, then every immigrant from India can be disallowed as we are exposed to as much corruption in India as there is in Mexico and we might infect the U.S. culture just as much. Bkam's comments didn't add any value to the discussion and were just offensive.
I am sorry stucklabour but a traffic/speeding violation is a misdemeanour and not breaking the law. Being in this country illegally is actually breaking the law. Now i am not going to get suckered into a whole legals v/s illegals debate, but at some level i do feel that undocumented workers HAVE broken the law. Besides the argument that "everyone does it" really doesnt cut it. 10 wrongs do not make 1 right. If you look at the punishment for the 2 things a speeding violation leads to a simple fine, a violation of Visa leads to deportation.
Now i personally dont care, whether the US Govt asks the undocumented to stay or leave. What i DO care about is, how we, the legals are treated. So whether the illegals are mexican, indian, chinese, cambodian or actual aliens from Mars, the policy should be: "If you come the right way, you will make it in, if you come the wrong way, you will either NOT make it in at all, OR will have to wait much longer than the people who came in the right way". So poeple pls stop the "racist" remarks against Just the Mexican community and culture. On the other hand the moderators too have to understand that everyone here does have a right to express SOME opinions regarding the undocumented/illegal immigrants. When you see urself and people doing things the right way waiting for years, as opposed to people doing things the wrong way being literally gifted Green cards, it does raise anger and frustration levels.
I am sorry stucklabour but a traffic/speeding violation is a misdemeanour and not breaking the law. Being in this country illegally is actually breaking the law. Now i am not going to get suckered into a whole legals v/s illegals debate, but at some level i do feel that undocumented workers HAVE broken the law. Besides the argument that "everyone does it" really doesnt cut it. 10 wrongs do not make 1 right. If you look at the punishment for the 2 things a speeding violation leads to a simple fine, a violation of Visa leads to deportation.
Now i personally dont care, whether the US Govt asks the undocumented to stay or leave. What i DO care about is, how we, the legals are treated. So whether the illegals are mexican, indian, chinese, cambodian or actual aliens from Mars, the policy should be: "If you come the right way, you will make it in, if you come the wrong way, you will either NOT make it in at all, OR will have to wait much longer than the people who came in the right way". So poeple pls stop the "racist" remarks against Just the Mexican community and culture. On the other hand the moderators too have to understand that everyone here does have a right to express SOME opinions regarding the undocumented/illegal immigrants. When you see urself and people doing things the right way waiting for years, as opposed to people doing things the wrong way being literally gifted Green cards, it does raise anger and frustration levels.
2011 Hair Highlights For Black Hair
jessie1981
06-12 11:47 AM
Hi,
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
more...
simple1
05-02 01:07 AM
Thanks a lot lost_in_migration for providing supporting docs.
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
fortune50
07-04 07:29 PM
My application reached to TSC on July 2 10:20 AM
I am confused now, what happens next? how much time they will take to reject our applications?
is Congress woman Lofgren's Statement going to help us?
I am confused now, what happens next? how much time they will take to reject our applications?
is Congress woman Lofgren's Statement going to help us?
more...
h1techSlave
05-01 09:43 AM
One of my friends was a plaintiff in the lawsuit that you mention. As you mention, USCIS quickly approved all cases. So didn't the plaintiffs won the case?
I hope our potential lawsuit will have a similar effect. We file a lawsuit saying we are discriminated based on country of birth. USCIS opposes the lawsuit, but quickly approves all our 485s. We both win in that situation.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
I hope our potential lawsuit will have a similar effect. We file a lawsuit saying we are discriminated based on country of birth. USCIS opposes the lawsuit, but quickly approves all our 485s. We both win in that situation.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
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subdhar
08-23 12:06 PM
Looks like there are no approvals from TSC .....from last two weeks..
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Googler
07-07 08:31 PM
All officials have talked about processing 60k visas in a month to avoid visas going waste.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
Well on that she will just pass the buck to USCIS -- that was their problem -- and USCIS is DHS' problem not DOS (her Dept).
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
Well on that she will just pass the buck to USCIS -- that was their problem -- and USCIS is DHS' problem not DOS (her Dept).
hair 2010 ashley tisdale rown hair
smisachu
07-05 10:19 AM
Hi Guys, I will send the flowers. This way we will get media attention.
Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.
The more flowers they get the better.
Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.
The more flowers they get the better.
more...
pappu
07-21 10:08 AM
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
This is correct. You not only need funds but also lot of warm sweaty bodies. !!
We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.
There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.
This is correct. You not only need funds but also lot of warm sweaty bodies. !!
We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.
There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.
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deepak
09-10 08:02 PM
Deepak,
Simple thing, I don't comment all the bull that goes on , on the open forum, discussing Vonage to anything, who cares. Put up the opinions no problem. But there has to be a limit on how and what are you putting up.
Despite IV doing so much for the community, the post from gvenkat, jyoti and including yours and lot others (guys you know whom I am talking about) actually demotivate the group and this way you contribute to IV but all NEGATI VE When I see this type shit I just cannot stop myself and I think would be a shame on myself if I do so.
Also , one time donation are not helping. IV needs more donations, more volunteers. Come on join in, everything is flexible here for volunteers, so please contribute and donate.IV core has got it to this point with least support and proved that yes it can be done now what else do you what IV to prove. After this still you are looking for something for them to prove. then its nothing to prove all BS excuses for not being the part of it.
If that is the case , then who cares about ones opinion???
You just called a member of this forum a useless idiot. What does that make you.
You know what? You need money to lobby for your GC, spend your own money.Cough up more per month. And when you get your GC, you know what? I will get mine too, and I will sit there with a smug smile and wave it in your face.
How did you feel reading that? Thankfully, most people are not that way, even though you accuse them of being that way. It does not make anyone feel good to be called that either. Maybe you are having a bad day, but remember, you are a senior member and you are asking for donations. Calling people useless idiots is not going to get much.
How much do you want to bet that there are people like me who are a bit wary of donating money if it is going to be handled by people like you?
Simple thing, I don't comment all the bull that goes on , on the open forum, discussing Vonage to anything, who cares. Put up the opinions no problem. But there has to be a limit on how and what are you putting up.
Despite IV doing so much for the community, the post from gvenkat, jyoti and including yours and lot others (guys you know whom I am talking about) actually demotivate the group and this way you contribute to IV but all NEGATI VE When I see this type shit I just cannot stop myself and I think would be a shame on myself if I do so.
Also , one time donation are not helping. IV needs more donations, more volunteers. Come on join in, everything is flexible here for volunteers, so please contribute and donate.IV core has got it to this point with least support and proved that yes it can be done now what else do you what IV to prove. After this still you are looking for something for them to prove. then its nothing to prove all BS excuses for not being the part of it.
If that is the case , then who cares about ones opinion???
You just called a member of this forum a useless idiot. What does that make you.
You know what? You need money to lobby for your GC, spend your own money.Cough up more per month. And when you get your GC, you know what? I will get mine too, and I will sit there with a smug smile and wave it in your face.
How did you feel reading that? Thankfully, most people are not that way, even though you accuse them of being that way. It does not make anyone feel good to be called that either. Maybe you are having a bad day, but remember, you are a senior member and you are asking for donations. Calling people useless idiots is not going to get much.
How much do you want to bet that there are people like me who are a bit wary of donating money if it is going to be handled by people like you?
more...
house 2010 Black with Pink
desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (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. 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. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always 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 the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, 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?
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".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (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. 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. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always 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 the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, 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?
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".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
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mbawa2574
09-07 12:08 PM
Did ur packet was received by R.Williams ?
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abisen
09-14 06:25 AM
I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
I completely share your opinion.
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
I completely share your opinion.
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truthinspector
07-05 01:10 PM
The culprit being subjected to Gandhigiri (Gandhi-ism: A strategy to win unjust,corrupt mind by highly unexpected pleasant deeds.)has some shame and self respect.If the target is a moron, he would slap you to death, no matter how many chances you give him.
In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this action.
On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work on the farms.
Gandhigiri is a concept in an indian movie based on Gandhi principles. In which hero of the movie wins over anti-hero by sending flowers to him as per Gandhi principles for every wrong doing he does and he makes others also do the same who are effected by the anti-hero wrong doings..
In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this action.
On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work on the farms.
Gandhigiri is a concept in an indian movie based on Gandhi principles. In which hero of the movie wins over anti-hero by sending flowers to him as per Gandhi principles for every wrong doing he does and he makes others also do the same who are effected by the anti-hero wrong doings..
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buddyinsd
08-26 02:36 PM
All the wait for nothing? SUCKS BIG TIME
May be avoid and defer..
May be avoid and defer..
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kshitijnt
05-10 06:35 PM
Retrogressed all the way to 2000? Happened at the end of Q3 in the government calendar. Seem to me USCIS is laying the ground to assign all un-used visa number to indians in Q4. Just a guess....
Indians have older PDs than Chinese, so its a fair game if that happens.
Indians have older PDs than Chinese, so its a fair game if that happens.
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acecupid
07-03 01:30 PM
Admins this a great concept to protest, how about making this thread sticky. This protest can continue for weeks.
alterego
10-08 09:14 PM
None of this damn crap is fair. There are 3 lines in the green card queue. 1) Labor/PERM line, further subdivided on the basis of BEC, PERM, Employer willingness, exempt(NIW) etc. 2) the I-140 Line and 3) the I-485 line. These lines each have inconsistent patterns depending upon the winds of the day, a few years ago, LC/BEC lines were long, employers were less willing to sponsor green cards, and there was no I-140 PP processing, now all of a sudden PERM is there, PP of 140 came into being, and 485 became an eternal wait and country quotas came into being. For those that got screwed with BECs then PP 140 got removed when they were ready to file and now PD retrogressed into the stone age, it sure would seem like non sense for the guy who got PERM in 2 weeks, then PP 140 in 10 days and filed 485 in he July fiasco. Nevertheless you are only speaking in terms of degrees of getting screwed, since all are being done so by an unpredictable and unreliable system.
None of this damn crap is fair, we all know it. The only fair thing is for this country to decide who it wants and needs and sort them out ASAP. A wait of 2yrs, 5yrs or 10 yrs is immaterial, all of the above are ridiculous in EB immigration, degrees of unfairness is splitting hairs if you ask me. Up to 2 yrs is understandable, but beyond that implies a broken system which we need to lobby to fix. If we can all agree on that then, we have a platform to move forward with, otherwise we will get nowhere. When you average out the way most immigrants came to this land....................all of us are way more contributing and deserving, lets try to remind people of that as well as our future potential.
None of this damn crap is fair, we all know it. The only fair thing is for this country to decide who it wants and needs and sort them out ASAP. A wait of 2yrs, 5yrs or 10 yrs is immaterial, all of the above are ridiculous in EB immigration, degrees of unfairness is splitting hairs if you ask me. Up to 2 yrs is understandable, but beyond that implies a broken system which we need to lobby to fix. If we can all agree on that then, we have a platform to move forward with, otherwise we will get nowhere. When you average out the way most immigrants came to this land....................all of us are way more contributing and deserving, lets try to remind people of that as well as our future potential.
gcnirvana
07-20 11:59 AM
Thanks Zooom, for starting this thread. I've mentioned about IV Core's selfless service in our 'Thanks' thread couple of days ago but didn't know about the magnitude. $64k is helluva money and its just not right coming from one pocket to favor thousands of others. Aman and other core, day by day you raise above and beyond our imaginations as a leader and guide. We assure you that you will not pay another single dime from your pocket.
I pledge $100 to Reimburse the core team now and more later.
Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
I pledge $100 to Reimburse the core team now and more later.
Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
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