mirage
03-08 04:23 PM
You are in this society for 35 years, so I'm not sure what's your objective of being on this forum...Anyway about your observation on Visa spill over, what you are saying is 180 different tha what other lawyers are saying, they are saying until 2007 DOS was reading the law differently so India was getting the spillover Visas, now they have started reading it differently hence India is not getting more than 7% Visas now, it is very obvious, from EB-3 India being in Oct-2001 for last 2 years, and EB-2 haven't seen any substantial movement either....Also you seems to be straying from the original intent of the thread...Very well written. I can tell you through my observations of living in this society for 35 years:
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buddyinsd
09-01 01:56 PM
Congrats...Was there an LUD on 21st Aug on ur EAD and 485?
prince_waiting
05-10 10:32 AM
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
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nagsen0
08-29 11:43 AM
hi GC4US
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.
Your help would be highly appreciated![/QUOTE]
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.
Your help would be highly appreciated![/QUOTE]
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GreenCard4US
07-21 06:06 PM
We EB3 guys have to work together. In a couple of year you will not find a single EB2 guy here as they will have their GC's. I hope some senior member can give some guidance on how we should proceed to take up our cause.
sankap
07-10 02:00 PM
@supreet:
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
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hindu_king
05-08 03:01 PM
How about getting together on the 20th of this month,
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
What location?
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
What location?
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subdhar
08-30 12:07 PM
Apporval from TSC or NSC??
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reddymjm
06-07 06:43 PM
not sure how reliable this info is, take it with a fist full of salt...
on june first nse received abt 740 I485 applications.
I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(
on june first nse received abt 740 I485 applications.
I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(
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EndlessWait
04-30 05:05 PM
also ..this looks very inaccurate ..because I know lot of indians who got H1 during the peak (when h1 was 195k) have gone back. i.e either they got better oppurtunities back home or just went back as they were not getting jobs. I did stay in one of the guest house which had lots of consultants ..none of them are here anymore !!
lots of labors were sold..god knows how many are in queue by substitution
lots of labors were sold..god knows how many are in queue by substitution
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TheOmbudsman
06-26 04:11 PM
That's the entire reason for my participation in this forum. However, every time that we suggest a separate bill for whatever benefit to address our issues only, we have been told that it can't be done.
Hi guys,
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
Hi guys,
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
hot Anime Wallpaper For Desktop.
sankap
07-09 10:00 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
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ashishgour
09-21 03:00 PM
Ashish,
When exactly you filed and what center?
Thanks,
-rk.
I filed at NSC. Application sent on July 20th
When exactly you filed and what center?
Thanks,
-rk.
I filed at NSC. Application sent on July 20th
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Lasantha
02-05 03:03 PM
I used David Cohen at http://www.canadavisa.com/
(But he might charge you for a consultation)
Can't your Canadian lawyer who handled your application confirm this?
You can also go to Google Groups for Canadian Immigration and find more info there.
Thanks Lasantha,
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
(But he might charge you for a consultation)
Can't your Canadian lawyer who handled your application confirm this?
You can also go to Google Groups for Canadian Immigration and find more info there.
Thanks Lasantha,
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
more...
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sanjeev_2004
09-13 03:06 PM
Dear All:
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
Create a new thread for TSC.
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
Create a new thread for TSC.
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gccovet
03-04 08:57 AM
As we have crossed 2K, I am sending another $25.00 as I had promised.
GCCovet
GCCovet
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InTheMoment
06-15 10:03 AM
and which state did you apply from ? Looks like there is some relation to where it is processed (If your I-140 was not already approved before the USCIS bispec III...see my message before )
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
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chi_shark
07-10 11:49 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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_1024x768_64386.jpg "anime wallpaper desktop")
abhijitp
07-06 08:50 PM
--
- There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
- Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
- IV will organize a similar event on 14th July. We will publish details about location/route/time soon.
Hope this is clear.
I will participate in the IV endorsed event on 14th/ 21st July. Thanks for clarifying!
- There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
- Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
- IV will organize a similar event on 14th July. We will publish details about location/route/time soon.
Hope this is clear.
I will participate in the IV endorsed event on 14th/ 21st July. Thanks for clarifying!
Jaime
06-27 02:22 AM
Jamie:
I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.
Moderator, sorry I broke my promise. But this is the last I will say on this.
Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
Santosh:
Your post is good and you are focusing on our IV goals. Thank you for your comment. I will just say though that, as everybody knows I just reacted to others' attacks and never implied that anyone is better than anybody. People who have read my posts know my admiration for India and my belief that it will be Americans who will fight to get a job there one day. The numbers I shared are not "blinding me by my own bias" like you say at all. I fact, I used numbers in order not to be biased and rather to be fair. I just responded to some ignorant comments by some people. I have been to India and hope to go back, and have many great friends from there. What discouraged me is that some people will attack my country especially in a forum where that doesn't belong and where we are all trying to help each other. Any divisions among us are a victory for our detractors. I hope you understand. Let's focus on helping each other going forward, and let's all be friends! Thanks.
I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.
Moderator, sorry I broke my promise. But this is the last I will say on this.
Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
Santosh:
Your post is good and you are focusing on our IV goals. Thank you for your comment. I will just say though that, as everybody knows I just reacted to others' attacks and never implied that anyone is better than anybody. People who have read my posts know my admiration for India and my belief that it will be Americans who will fight to get a job there one day. The numbers I shared are not "blinding me by my own bias" like you say at all. I fact, I used numbers in order not to be biased and rather to be fair. I just responded to some ignorant comments by some people. I have been to India and hope to go back, and have many great friends from there. What discouraged me is that some people will attack my country especially in a forum where that doesn't belong and where we are all trying to help each other. Any divisions among us are a victory for our detractors. I hope you understand. Let's focus on helping each other going forward, and let's all be friends! Thanks.
abq_gc
08-19 12:17 PM
everyone here is in favor of supporting BILLS and what not for recapturing VISA's and stuff.. but I believe Prevention is better than cure... why do we have to support or introduce these BILLS in the first place.. if USCIS had worked effeciently all these years ? I think instead of introducing BILLS after 5 years to recapture VISAa why cant we do something to make USCIS efficeint right now ??
Make USCIS more transparent and efficient -- that should be the GOAL.
Make USCIS more transparent and efficient -- that should be the GOAL.
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