Tuesday, June 28, 2011

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  • mikkisu
    06-04 11:18 AM
    I don't know if IV is already doing it But the i think it is Good idea to call into Good Syndycates talk shows and let America hear about our Concerns and the Unfairness in the proposed Bill.

    ex:- Sean Hannity,Bill Orily..
    we should be calling in both the Liberal and conservative talk shows..




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  • 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.




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  • munnu77
    05-05 09:21 PM
    keep pressure on Cronyn to put it on debate by contacting him by fone or fax




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  • admin
    05-06 03:55 PM
    Another warning. We will not tolerate flaming wars or denigrating posts.

    Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.

    If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.



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  • sainwa
    06-18 12:26 PM
    Mailed to NSC on: 1st June
    Mailed From State: IL
    Received at NSC on: June 2nd
    receipt date: June 4th
    140 approved from : NSC
    Receipt Date : June 16th
    Cashed on June 16th
    Receipt recedived on June 18th

    June 16th was weekend. Are they working also on weekends?




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  • pappu
    03-08 08:55 AM
    would you be interested in spending some time everyday for IV volunteer work?

    If yes, update your profile with contact information for us and let us know your interest area for IV work and we can work together. Posting a note on the forum can only help you and the organization if an effort is made to solve the problem.

    Work with us. Join state chapter and meet lawmakers and tell them about your issues. Our combined energies can be utilized here and we can make a difference.



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  • manderson
    10-20 02:34 PM
    If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?

    I am not trying to bring everybody down. Just weighting my options in case Plan A (i.e. SKILL Act) doesn't work. This looks like an analysis thread and a good place to play the devil's advocate...




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  • slowwin
    02-12 01:37 PM
    "self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
    " i did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.

    peace.....!!!



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  • Sri_1975
    08-31 01:49 PM
    No Recipts yet..:)




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  • GCWhru
    11-30 05:21 PM
    I am really sorry to hear your situation...

    I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...



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  • VMH_GC
    07-19 08:20 PM
    can you create an excel sheet in google and share it so that it is easy to track the contribution




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  • unitednations
    08-25 03:18 AM
    Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?

    A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.

    If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.

    Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.

    Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).



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  • bheemi
    06-21 09:22 AM
    I would request IV core team to concentrate on new bill or some way for relief to skilledworkers like us. I dont think waiting until end of July is good option here. It is certain that CIR is not going to be there for this year..whole US world is thinking of same.

    Further request to IV core team to work on some thing different for relief for skilled workers




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  • tonyHK12
    02-15 11:17 AM
    cheers mallikonnet, desixp
    tracker @ 9%, time elapsed = 25%

    Amount raised................$4,350.00
    Contributions needed.....$45,650.00
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  • hotammo
    09-03 09:39 AM
    My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.

    Thanks,
    znan

    No, I did not get a refund. I even got a mail for my EAD application being rejected.

    If there is a process to get a refund, I would like to know it too.
    But I am not too hopeful in this situation as I remember when efiling for EAD and AP, I read somewhere that the application fee is non-refundable.

    At the SSN office. You fill out application for a replacement card. Option 3 on the ticket generating screen.
    The SSN issuing staff know what to do after that. This goes without saying take your GC with you. Nothing else is required. They do not even look at the passport or any other form of ID. GC is the only thing needed.

    FYI got the new SSN cards. They do NOT say permission required from DHS to work. In fact the card is exactly similar to the one my daughter got (she is US citizen, born here).

    HTH




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  • pooja_34
    08-31 01:29 PM
    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.

    Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.



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  • Lasantha
    07-03 08:02 PM
    Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!

    EB2 category

    I did not get an approval for the 485 so was thinking what the process was here. Am I not supposed to be getting an approval notice in the email before the "Card Ordered" message came through ? I hope everything is over now, it was a long 51/2 years wait and just when you loose hope in the whole process this message turns up in my Inbox. I love this site and will continue to support it in whatever manner I can
    :)




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  • vkotval
    03-26 04:55 PM
    I think it should definitely move end of 2002 by october.




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  • kawosa
    08-31 07:34 PM
    Congrats.. You made it

    hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....




    manishs7
    09-27 12:32 PM
    I think your idea is good. But this could be very difficult to implement, at least for USCIS.

    Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
    So what happens to existing EB2 per your logic. Should their priority dates will also change based on the date when they became eligible. say someone with 15 years of experience with bachelors degree comes to US and files on EB2..so his date will be pushed to priority date of 10 years from now when he became eligible for EB2.
    What happens when I port from EB3 to EB2 with Masters in year 2002. should my priority date would be moved from 2006 to 2002.
    This logic is not implementable or priority dates should go in one direction (up) only, the one that suits your requirements. LOL..




    prem_goel
    08-28 07:33 AM
    one can travel outside country......

    btw somebody gave me a red dot on my posting about L1 facing issues....I was just letting people know what I've seen....no pun intended!



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