patiently_waiting
09-09 07:38 PM
Getting sick of this movement in dates.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
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shouldIwait
11-19 12:46 PM
Done. Forwarded to friends too.
dassumi
11-17 05:00 PM
Done
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pappu
07-02 09:44 AM
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
Those lawyers and HR people.....
Those lawyers and HR people.....
more...
gcgonewild
09-15 05:38 PM
I 've sent pm.. please update the google doc.
NKR
04-24 02:47 PM
Do you have any suggestions?
Yes I do.
If the employee needs to leave after two years and if he has had a good track record, relieve him in good terms, don�t scr** him.
If the employee helps in your business, you got to help him too (Just like the referral policy), don�t think that just because he works for you, he is obliged to help you in your business in other means, it is not in his list of roles and responsibilities.
It is the employer�s duty too to find projects, if the employee finds project for himself, then reward him with bonus.
Above all, the desi employers need to come out of cheap mentality and become more professionals.
Not that you care but I can give you more suggestions.
Yes I do.
If the employee needs to leave after two years and if he has had a good track record, relieve him in good terms, don�t scr** him.
If the employee helps in your business, you got to help him too (Just like the referral policy), don�t think that just because he works for you, he is obliged to help you in your business in other means, it is not in his list of roles and responsibilities.
It is the employer�s duty too to find projects, if the employee finds project for himself, then reward him with bonus.
Above all, the desi employers need to come out of cheap mentality and become more professionals.
Not that you care but I can give you more suggestions.
more...
gondalguru
08-06 08:36 PM
People with soft LUD on I-140 on 7/13 are getting their I-485 approved from TSC. Nothing concrete but a trend. Hope for the best.
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Hopeful1
02-11 03:10 PM
Grand Total - $1601
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newbee7
12-17 07:49 PM
Check out the story on GregSiskind about a family with kids seperated due to immigration woes. Thank god that at least most of us are fortunate enough to be with our loved ones.
http://www.omaha.com/index.php?u_page=2798&u_sid=10211326
http://www.omaha.com/index.php?u_page=2798&u_sid=10211326
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nixstor
08-19 07:15 AM
Guys,
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
more...
kdprasad
08-13 07:59 PM
Signature has all relevant information. I-140 was approved August 2005.
Did the Checks get cashed.!!!
Did the Checks get cashed.!!!
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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.
more...
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anilsal
03-09 11:50 PM
I think a GC app is for a futute position. So getting promotions should be ok. I have seen comments stating otherwise here in the forums. What is true?
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bheemi
06-21 02:02 PM
I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
more...
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CADude
08-24 01:53 PM
It's seems TSC again in sleep mode.. Hope next week will be better.. We will cross 60 days from filing.. 30 days more to go for any CSR help unless they say call after 120 days.. :D:D
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dskhabra
03-27 09:30 AM
We landed in Canada (Rainbow Bridge, Niagara) last week. No questions asked by Canadian immigration regarding stay in US. On the way back (Rainbow Bridge) US IO did not ask anything about 485 or Canada PR.
We filed AOS in July 2007 and have valid H1 visa in the passports. But it all depends on your luck and we had some personal reasons to land in Canada and we took the risk.
We filed AOS in July 2007 and have valid H1 visa in the passports. But it all depends on your luck and we had some personal reasons to land in Canada and we took the risk.
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nousername
01-29 08:39 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
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eb3retro
08-18 02:45 PM
I don think this issue concerns you. So , with all due respect, please BACK OFF.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
excellent points eb3 napa..Sunny surya i think you surely need to come up with some proper reply (instead of one liners) to eb3napa to convince people here.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
excellent points eb3 napa..Sunny surya i think you surely need to come up with some proper reply (instead of one liners) to eb3napa to convince people here.
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pr02
07-11 12:25 PM
I liked the burning photocopies idea very much .This will surely work.
Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.
Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.
kshitijnt
05-01 11:56 PM
even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................
Why arent you tempted to give me green though :)
Why arent you tempted to give me green though :)
apb
09-07 03:03 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
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