greatzolin
08-13 01:50 PM
It seems like the deeper we are in the process of GC the more time we spend tracking and speculating on the next week or the week after.
This week is going to be critical for the Notices because if we don't get them by 8/17 the following weeks are going to be even worse.
I'm tempted to call because of the time that has passed and becasue my checks also are dated 6/15.
Best luck to all.
This week is going to be critical for the Notices because if we don't get them by 8/17 the following weeks are going to be even worse.
I'm tempted to call because of the time that has passed and becasue my checks also are dated 6/15.
Best luck to all.
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nc14
09-11 02:26 PM
It will be the right thing to do as people will always have a reason for not contributing. I doubt we can ever swing the thick skinned folks to contribute.
I understand that one reason for having the free site is for us to have numbers. But, how do these numbers help when most of them are not good for much.
I think it is about time for IV to think and make $25/month minimum fee for accessing this site. IV needs money to lobby to sort GC mess out. At the same time we need serious people ready to volunteer and donate. That is the only way out. We do not need people discussing SRK and Vonage on this site. We might reduce website hits by doing this but at least we will have ust have serious members who actually want to volunteer and work for IV.
I understand that one reason for having the free site is for us to have numbers. But, how do these numbers help when most of them are not good for much.
I think it is about time for IV to think and make $25/month minimum fee for accessing this site. IV needs money to lobby to sort GC mess out. At the same time we need serious people ready to volunteer and donate. That is the only way out. We do not need people discussing SRK and Vonage on this site. We might reduce website hits by doing this but at least we will have ust have serious members who actually want to volunteer and work for IV.
GCDream
07-03 05:51 PM
Done.
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bebar
06-14 03:31 PM
They are not personal checks. So there is no way for me to find if the checks were cashed or not. But attorney said, it takes minimum two weeks. But it looks like many have gotten their receipts.
Are you checks cashed?
Are you checks cashed?
more...
spulavarthi
07-20 10:39 AM
My pledge $100 for Aman.
lord_labaku
01-30 03:09 PM
Mr are u going mad because ur wife didn't get H1. see I too have worked with F500 & F200 companies don't think that ur wife is better then all. My consultant told me that he has a job for me but because for this market companies have freesed there recruitments. So don't get pissed and good luck for ur wiefe's visa this year.
I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.
FYI.
I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.
FYI.
more...
arihant
05-02 11:44 AM
nk2006,
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
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rbharol
10-17 01:49 AM
IV
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
more...
eb3_nepa
07-05 01:29 PM
Instead send flowers to the MEDIA itself to notify them of how the sweet smell of the flowers reminds you of how sweetly various Government agencies have screwed us.
Better still, send them a Bundle of your SMELLIEST Trash (the media NOT the lawmakers). Let the card read something like, "I smell a STINK at the USCIS/DOS/DHS" or "The Legal immigration policy STINKS!"
Trash zero dollars
Card from Hallmark, two dollars 50 cents.
UPS Fee ten dollars.
Getting the Message Through ---- PRICELESS ;)
Better still, send them a Bundle of your SMELLIEST Trash (the media NOT the lawmakers). Let the card read something like, "I smell a STINK at the USCIS/DOS/DHS" or "The Legal immigration policy STINKS!"
Trash zero dollars
Card from Hallmark, two dollars 50 cents.
UPS Fee ten dollars.
Getting the Message Through ---- PRICELESS ;)
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pcs
02-09 08:33 PM
I am sending $ 20 ...
Please keep sending emails to all members and encourage them to chip in regularly..
Please keep sending emails to all members and encourage them to chip in regularly..
more...
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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vbkris77
09-24 09:08 AM
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p
more...
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reedandbamboo
10-04 08:13 PM
Hello all,
My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!
May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?
My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.
Thanks!
My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!
May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?
My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.
Thanks!
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Redeye
08-18 03:36 PM
funny thing, this SunnySurya guy happens to be from a small consulting company with 8 people out of which everyone got audited and at one point he says he does not know if his application is Eb3 or Eb2 and he is trying to figure it out.
Then he comes with filing a lawsuit against porting from EB3 to EB2
Funny guy, once you get your hand in the cookie jar you want no one near it eh?
What are you really afraid of?
I will help you in this but do us all a favor and don't reply to any more messages....
Then he comes with filing a lawsuit against porting from EB3 to EB2
Funny guy, once you get your hand in the cookie jar you want no one near it eh?
What are you really afraid of?
I will help you in this but do us all a favor and don't reply to any more messages....
more...
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sanjay
03-15 10:07 PM
My friend suggested this forum. Looks to be very good site and seems to be active. I am EB# from India.
Can you tell me why EB3 is lagging so much
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
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anzerraja
07-20 12:38 AM
Thanks Very much !!!
One more person in the 320 group. Awesome, we are going to make it happen tommorow !
I pledge for 200$.
One more person in the 320 group. Awesome, we are going to make it happen tommorow !
I pledge for 200$.
more...
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reedandbamboo
09-13 09:32 PM
How are you going to fund the lawsuit? (this is a genuine question, not trying to be a smart alec)
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sina
11-18 02:53 PM
Sent the email and received email from John Kerry. I donated $100 this afternoon and still do not have access to the Donor Forum? Is there anything more to get access?
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kshitijnt
07-09 02:24 PM
where is the attachment?
It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Here is the link. Your attorney is not the law. Some other attorney might say you can do it.
It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Here is the link. Your attorney is not the law. Some other attorney might say you can do it.
PlainSpeak
02-23 08:57 AM
It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"
True the chance of another July 2007 happening is very dim as USCIS has learnt their lesson. Also they have a better estimation of the pending count.
I myself have EAD and i support 485 filing without priority date getting current. Even though in the final GC scheme of things that puts a whole bunch of more peope ahead of me, I still support it. At least an EAD lets you chnage a job after 180 days albeit in the same job specification.
Maybe IV Core has some idea about that (485 filing without PD current) and how it will pan out. Talk to them
True the chance of another July 2007 happening is very dim as USCIS has learnt their lesson. Also they have a better estimation of the pending count.
I myself have EAD and i support 485 filing without priority date getting current. Even though in the final GC scheme of things that puts a whole bunch of more peope ahead of me, I still support it. At least an EAD lets you chnage a job after 180 days albeit in the same job specification.
Maybe IV Core has some idea about that (485 filing without PD current) and how it will pan out. Talk to them
gc_lover
07-02 09:02 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
This link is there since Friday. There was no useful information on Friday, just rumors!
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
This link is there since Friday. There was no useful information on Friday, just rumors!
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