desi3933
06-26 02:55 PM
Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose
>> you have nothing to loose
How can you say that? Do you EVEN know what are you saying?
I suggest you talk to lawyer before losing "something".
>> you have nothing to loose
How can you say that? Do you EVEN know what are you saying?
I suggest you talk to lawyer before losing "something".
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qasleuth
02-12 03:52 PM
So both you and the other guy "qasleuth" have decided not to present any real reasons or arguments to support why I should not advise people to be ethically and morally responsible, but instead go after me to prove that I am somehow also morally corrupt like you guys are.
You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.
That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.
Since the two of you don't have answers to these questions of mine, I rest my case until that!
You have reading comprehension issues as well...if you get over yourself then you can comprehend things (let me be clear, I am referring here to my own posts and none of the other ones). You made your point on page 2 about the moral/ethical/legal perils of what the OP has done/proposing to do. You were fine with me. Continuously pointing out at other people as to how morally bankrupt they are (including your latest post) or how bad there comm skills are (written or otherwise) will certainly expose you to shots from others (like me). When you continuously point out others' morals then the presumption here is that you are squeaky clean. I pointed out, you are not. That is all. It does not mean, OPs post is morally/ethically/legally on the right side or I hold that opinion (actually I do not).
You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.
That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.
Since the two of you don't have answers to these questions of mine, I rest my case until that!
You have reading comprehension issues as well...if you get over yourself then you can comprehend things (let me be clear, I am referring here to my own posts and none of the other ones). You made your point on page 2 about the moral/ethical/legal perils of what the OP has done/proposing to do. You were fine with me. Continuously pointing out at other people as to how morally bankrupt they are (including your latest post) or how bad there comm skills are (written or otherwise) will certainly expose you to shots from others (like me). When you continuously point out others' morals then the presumption here is that you are squeaky clean. I pointed out, you are not. That is all. It does not mean, OPs post is morally/ethically/legally on the right side or I hold that opinion (actually I do not).
sankap
07-09 11:58 PM
@desi3933:
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
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amslonewolf
06-12 03:39 PM
My attorney is taking his owwwwn time.. Could there be any reasons for this?
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
more...
Kodi
07-24 11:33 AM
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
rc0878
09-20 01:13 PM
seshuvaidehi,
You can use the following link to check the status of any application. Simply enter your WAC receipt numbers -:
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=baclUg5aAK5E J5v5t4Jur
Also you can use the same link to register your account, that ways you will automatically recieve an email, once there is an update on your case.
Good luck!!!!!
Labor Certified in June 2006-India
I-140 approved Dec 2006
I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###
How do I check if EAD card has been ordered and/or AP approved?
Your all are awesome and Thanks to Immigration Voice.
You can use the following link to check the status of any application. Simply enter your WAC receipt numbers -:
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=baclUg5aAK5E J5v5t4Jur
Also you can use the same link to register your account, that ways you will automatically recieve an email, once there is an update on your case.
Good luck!!!!!
Labor Certified in June 2006-India
I-140 approved Dec 2006
I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###
How do I check if EAD card has been ordered and/or AP approved?
Your all are awesome and Thanks to Immigration Voice.
more...
gc28262
08-24 10:19 PM
Thats incorrect...Lot of major corporations hire from different locations in the world...I have several friends working at a s/w giant in Seattle area who were directly hired in Russia, India, Singapore, etc...
I think that is an exception. Majority of corporations won't hire from overseas.
I think that is an exception. Majority of corporations won't hire from overseas.
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leoindiano
12-26 10:51 AM
Did your app go thru Texas-vermont-texas cycle? When did your app reached USCIS?
more...
pd_recapturing
04-30 03:27 PM
I doubt that it has BEC cases (may be some not All) .. Mine was a BEC case that got approved but I do not see in the data posted on this website.
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Libra
08-26 01:42 PM
Senators and congressman in MN are not very helpful I guess, first they told me wait one month and if I dont hear anything then they will send a request, after one month I called them up to find out whether they can help, that guy in senator office told me to wait 6 more months.
It's not like my case is lost or in transit or not assigned to an officer, it is assigned to an officer on june 29th, officer at infopass said may be the officer who has my file have more old cases compare to others.
Hmmm, and congressman or senator?
Keep pursuing, you may find help from some direction.
It's not like my case is lost or in transit or not assigned to an officer, it is assigned to an officer on june 29th, officer at infopass said may be the officer who has my file have more old cases compare to others.
Hmmm, and congressman or senator?
Keep pursuing, you may find help from some direction.
more...
SREE_485
08-20 11:38 AM
I applied my EAD renewal on June 26th and it has been approved today. The current Ead status is " Card Production ordered ".
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vinabath
04-25 10:54 AM
good luck with your effort. I hope it resolves smoothly. I think the employer will budge once he sees the notice from the attorney.
sometimes the employer needs to be pushed too.
sometimes the employer needs to be pushed too.
more...
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jags_e
07-07 11:01 AM
Though they didnot break any law in writing, they had the intent to not give any relief to people who are eligible to apply in july as per the old bulletin.
The intent itself is ulawful.
Alos in rushing to use all the visas, they might have given visas prematurely to applicants who had no clearence.
The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..
I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
The intent itself is ulawful.
Alos in rushing to use all the visas, they might have given visas prematurely to applicants who had no clearence.
The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..
I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
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bheemi
06-21 09:18 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
Further request to IV core team to work on some thing different for relief for skilled workers
more...
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sushilup
08-19 12:19 PM
same for me tooo...
I also didn't apply AP..
Did you call TSC?
I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
and approve I485...BIG IF ...if i m lucky...
Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...
I also didn't apply AP..
Did you call TSC?
I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
and approve I485...BIG IF ...if i m lucky...
Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...
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immi_enthu
08-27 12:31 PM
Reached NSC on July 3rd 11:14 am. No receipts yet.
more...
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vinabath
04-23 09:32 AM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
You have a case buddy. Since you got the project on your own and you needed an H-1b vehicle. you have a great argument if your employer goes to the court.
You have a case buddy. Since you got the project on your own and you needed an H-1b vehicle. you have a great argument if your employer goes to the court.
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malaGCPahije
03-26 03:50 PM
Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.
Unfortunately for me, my PD is Nov 2004. So I guess I will have to wait it out till 2010 or later maybe. I hope things move early than late...
Unfortunately for me, my PD is Nov 2004. So I guess I will have to wait it out till 2010 or later maybe. I hope things move early than late...
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akkakarla
10-08 04:51 PM
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Getting laid off from work is not someother's problem. Layoffs is common phenomenon and nothing can be done about that. So how can you tie that to the green card??
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Getting laid off from work is not someother's problem. Layoffs is common phenomenon and nothing can be done about that. So how can you tie that to the green card??
apt29
07-20 11:57 AM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
If this idea is implemented, a Pulitzer or Oscar or Olympic Medal winner(let us say in 2010) will have to wait until all backlog before his/her PD is cleared.
:D:D:D
======
EB1: Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
=======
If this idea is implemented, a Pulitzer or Oscar or Olympic Medal winner(let us say in 2010) will have to wait until all backlog before his/her PD is cleared.
:D:D:D
======
EB1: Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
=======
JunRN
09-05 05:43 PM
Anybody from August filers who got his/her Receipts already?
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