Pineapple
10-26 11:31 AM
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
wallpaper Supreme x Lady Gaga by Terry
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.
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.
rcr_bulk
09-10 10:32 AM
I am pretty for EB3 folks. This is really not fare to those genuine guys (not substitute ones) waiting more than 7 years. I am know few friends applied with me in EB3 have lost green card hope. They are eligible for EB2 when applying but only reason that stopped them is their company don't want them to apply in EB2 category. Praying god is the only thing I can do for them..
2011 Lady Gaga x Supreme » Lady
man-woman-and-gc
09-15 03:50 PM
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
Absolutely agree...and also please note that yes, they may replace the individual me or the individual you....but can they replace the whole immigrant population who are in the long and endless queue for a GC?
United we stand folks.....individually we may be non-existent.
Absolutely agree...and also please note that yes, they may replace the individual me or the individual you....but can they replace the whole immigrant population who are in the long and endless queue for a GC?
United we stand folks.....individually we may be non-existent.
more...
black_logs
05-03 10:37 AM
Yes, that is one of the parts I loved in this bill.
We have to go to a consulate in our home country to get VISA stamping.
1000's of us are affected. SKIL bill Section 402 is addressing this.
We have to go to a consulate in our home country to get VISA stamping.
1000's of us are affected. SKIL bill Section 402 is addressing this.
waitnwatch
06-26 11:47 AM
I am sure the democrats can harp on the point that non-passage of CIR means that an effective security component too does not go into effect. Point to note though is how effectively the message is delivered.
..... The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. .....
..... The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. .....
more...
fightnow
07-06 07:47 PM
John @ 408 472 3534
2010 Lady GaGa/Supreme, Post #2
diptam
06-22 03:46 PM
Giving Pay stubs instead of FUTURE employment letter ?
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
more...
s_r_e_e
08-29 05:01 PM
What a unfair system?
Change title to - What AN unfair system :D:D:D:D
Change title to - What AN unfair system :D:D:D:D
hair Gaga x Lady Gaga Supreme
cool_desi_gc
03-25 09:02 PM
Dec 2002...This calendar year..You made my day.
PD: Dec 2002 EB3 India
PD: Dec 2002 EB3 India
more...
h1techSlave
03-08 08:31 PM
Thanks for the clarification. Hope USCIS/DOS will release clear information on total pending cases.
If I know for sure that I will only get GC after a decade or so, I might as well go back. With 3300 visas for EB3-I, one decade for the PD to reach 2004/2005 seems very likely.
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
If I know for sure that I will only get GC after a decade or so, I might as well go back. With 3300 visas for EB3-I, one decade for the PD to reach 2004/2005 seems very likely.
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
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sdrk
07-19 06:50 PM
^^^^^
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vsoni
12-03 02:20 PM
Is there any way I can help you?
If yes Please PM me
If yes Please PM me
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venkygct
07-20 01:15 AM
I pledge $100
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pictures Supreme – Lady Gaga shot by
knnmbd
05-04 02:37 PM
Im really not sure if this helps EB3 cases. for example in my case i have a bachelors degree + 10 years expereince and stuck in EB3. I dont think this will help me because I dont have an US degree.
Correct me if im wrong.
That is correct, but it will help thousands of people who come on F1 visas and then transition in to H1B and have their GC being processed. I think that we need to look at what the U.S wants to get out of all this too and not just our perspectives.
Correct me if im wrong.
That is correct, but it will help thousands of people who come on F1 visas and then transition in to H1B and have their GC being processed. I think that we need to look at what the U.S wants to get out of all this too and not just our perspectives.
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leoindiano
01-26 05:35 PM
called USCIS on jan 4th, they said they are scheduling, it will take 3 weeks to get the notice, till now nothing.
called yesterday again, this time they said 45 days. Opened SR. I am hearing no use with SR. Not sure what is going on?
Meanwhile, i gave this procedure to a freind and they got notices.
Can anybody tell me if there will be an LUD on i-485 when they issue a FP notice?
called yesterday again, this time they said 45 days. Opened SR. I am hearing no use with SR. Not sure what is going on?
Meanwhile, i gave this procedure to a freind and they got notices.
Can anybody tell me if there will be an LUD on i-485 when they issue a FP notice?
more...
makeup Lady GaGa – Born This Way
mbawa2574
09-07 12:11 PM
Hello All,
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
R Williams ??
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
R Williams ??
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ajaykk
08-26 10:34 AM
On July 15th I have filed for renewal of EAD for both of us, today I got approval email where as my wife status says received and pending and NO LUD either. Infact she needs EAD as she is been working on EAD and it expires in October. I am on H1. Why like that? My PD will be current from September as per September bulletin.
AJ
AJ
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chanduy9
07-05 03:35 PM
I have convinced a few people at work to do this. Their point is, if we really want to do this, let's do it in a way that works. After receiving a few deliveries, USCIS will get the idea and direct it's lobby security to refuse all further flower deliveries. What's our plan for that situation?
How did the people who delivered nuts to CBS make it happen? The delivery was actually done via UPS. It's difficult to refuse a UPS packet in the security lobby! Should we send chocolates via UPS instead? It will be much more difficult to refuse deliveries of chocolates.
Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.
Just idea.
How did the people who delivered nuts to CBS make it happen? The delivery was actually done via UPS. It's difficult to refuse a UPS packet in the security lobby! Should we send chocolates via UPS instead? It will be much more difficult to refuse deliveries of chocolates.
Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.
Just idea.
h1techSlave
03-10 12:49 PM
The plan that mirage is talking about is to contact only the lawmakers who are already well versed with immigration.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
gc_maine2
08-13 02:44 PM
As per the discussion's from other threads about LUD, it's been largerly agreed that there is no relavance between the LUD change/not change to one's 485 application. Hopes this will clear your doubt.
Hi all,
any advice/suggestion in my case:
EB3
I-140 is approved on Jun 15, 2007, Premium processing, in Texas
I485 package delivered to Nebraska on July 2, 11:35 am and is singed by ... whoever..
I've registered on the https://egov.uscis.gov/cris/jsps/index.jsp
site and all times before LUD for my I140 was 6/16/2007 until today
Today LUD for is updated to 8/12/2007.
Checks have not been cashed.
Please anybody is in the same sutiation???
Hi all,
any advice/suggestion in my case:
EB3
I-140 is approved on Jun 15, 2007, Premium processing, in Texas
I485 package delivered to Nebraska on July 2, 11:35 am and is singed by ... whoever..
I've registered on the https://egov.uscis.gov/cris/jsps/index.jsp
site and all times before LUD for my I140 was 6/16/2007 until today
Today LUD for is updated to 8/12/2007.
Checks have not been cashed.
Please anybody is in the same sutiation???
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