Wednesday, June 29, 2011

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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.




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  • zerozerozeven
    05-08 03:05 PM
    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?




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  • bkarnik
    05-02 09:03 PM
    If the CIR seems likely to pass, I believe Sen. Cornyn will push for this bill to be added to the CIR as an amendment, much similar to what Sen. Durbin did with the DREAM bill. Amongst the bills I have seen, this bill is the best one so far. Agreed it does not address all that we want....but compared to where we are, this bill will achieve a lot for us. Especially, if the AOS clause passes, it pretty much means that you can file I-485 i.e. it means that you and your dependents become eligible for EAD and all the benefits associated with it. :)




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

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

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



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  • gk_2000
    02-17 03:05 PM
    Well, it goes beyond that. This is a "complicated story with no sub titles".

    IV website is a board where people of all kinds visit and there is no control over stuff. Just go to any blog site - we see 100 rants and crazy comments as against a few wise talk.

    I guess we have to live with it and keep pushing people. Sometimes loud and sometimes gently.

    My friend, it is to "push the people" that I am saying all this. How best can we push? Through word of mouth, or thru full campaign?

    Another idea: How about restructuring the forums?
    In the home page, we promote only those discussions that are important to all, like advocacy.
    In next tab, we take on the discussions that are based on individual problems
    And all else, can go to the third tab

    Also on home page, the following items (just some examples of general interest matter):
    - Advocacy day. Donations received vs required.
    - Big red button: Donate
    - Some links to recent news items on immigration

    Home page should have text content that introduces IV, its activities, and a small lecture on why skilled immigration is important




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  • waitnwatch
    05-23 12:27 PM
    sent emails to 10 +2



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  • desiguy22042
    09-22 10:38 PM
    I am happy to announce that I have received the EAD cards today (just like rc0878 had suggested). I should not have doubted the encouragement and estimation of the experience here.
    So, I received the EAD cards dated Sept 18th, expiry is one year from the issue date i.e. Sept 17th, 2008 (unlike someone else's cards which were valid for only 3 months).
    Let me know if someone wants to ask any other information.
    thanks again. :D


    Hi,
    I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.

    I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.

    Questions::confused:
    1) Does transfer mean delay in processing ?
    2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
    3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)

    Any answers or discussions or links to the solutions are welcome.

    Good luck to everyone for the speedy processing.:D




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  • ivar
    02-03 12:55 AM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!

    Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.

    All the best.



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  • unitednations
    03-08 04:21 PM
    I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
    Be prepared with good documentation and you should be fine.

    Following is an e-mail I received from a person on L-1 with IBM.


    Adding to my conversation with you, its unfortunate that my L1 extension has just got denied this week. I was going to leave this company anyways but this makes the COS difficult. My case took unusually long and now finally i have the denial notice as per USCIS website. My company has not yet received the papers, but once they do i may have to go back to India for converting my status. I think cannot go to Mexico or Canada as my I-94 has expired.

    In the meantime i am following a lead i have for a project in Atlanta. Nothing sure but i will let you know if it culminates to something.

    I was also informed that there is a new rule in place which does not allow people to go to Mexico or Canada for H1 stamping if they have entered US on a different visa . People are being sent back to home country for stamping.

    What do you suggest i do? Shall i get H4 stamped in India or shall i go for H1 stamping. I will still have at least a month's grace period and if things don't work out after i come back, i will then convert to H4 then.

    Looking forward to hearing from you soon.




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  • Greatdesi
    08-28 05:10 PM
    Received our green cards today. Will continue to contribute to IV.


    You can download the form from SSA website and fill the information for each applicant and take it to the SSA office. You can get rid of 'authorized to work with INS permit only' label of your SS card by using the same form and get a new card.

    Take the forms, your PR card, old SS card. It just takes few minutes. They will take the info, shred the old cards, forms, etc. and will mail the cards to your address...Just check other thread ' Dos and Donts after GC' fo rmore info, and open a separate thread so as to not to mix up the original content of the thread...



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  • pittdude
    02-15 10:18 AM
    bump..




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  • Naveen
    05-04 07:21 PM
    Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.

    To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.



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  • GotGC??
    06-15 05:51 PM
    Folks, when you send/ask about details, it'd help if you could post your details like this (format borrowed from another post):

    Here are the details:
    Mailed to NSC on May 31st.
    Received at NSC on June 1st.
    Transferred to TSC (I-140 was Approved from TSC)
    Receipt Date - June 01
    Notice date - June 08

    My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast




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  • raydon
    08-18 09:34 PM
    Applied for EAD (paper based) on July 18, 2008. I-765 approved 08/14. Received the cards in the mail today valid for upto Aug 2010. Losing 2 months since previous EAD was valid for upto 10/18.

    Surprisingly the application asked for 2-yr cards if the I-140 petition is approved. As far as I know, my petition is still pending approval at TSC. No LUDs or email updates or anything of the kind. Maybe I should check whether this means an impending I-140 approval or if it's in "approvable state".

    My category is EB3 - March 2004.

    Good luck to all for their respective approvals.



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  • gcwait2007
    12-17 04:15 PM
    depression is created by anxiety and hopelessness.

    I am also like many others, suffering from GC related depression. After reading the posts, now I feel more comfortable that I am not alone:)

    Two steps I wish to take: (1) Not to think about getting GC any more. Whether I am anxious or not, it will take its own time and let me develop the habit of patiently waiting (2) Have a back-up plan ready.




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  • sam2006
    07-20 10:34 AM
    Hello Folks
    Thank you for all the efforts but we have a looong way to go

    http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en

    to keep track and update



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  • GCOP
    08-28 10:54 AM
    I received Renewed EAD Card for 2 years, yesterday on 8/27/08

    I-765 Renewal Receipt & Notice Date by TSC: 6/24/08




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  • Lisap
    09-11 04:11 PM
    Hi Lisap,

    I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...

    Did ur case status say 'ordered' before you got the ead in mail?

    Thanks.

    No mine did not say that for myself or my husband. It just said approval notice sent. It still says the same thing it has never changed or been updated. It could be there system- who knows! I hope you get yours soon! Keep me updated.




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  • rc0878
    09-27 12:37 PM
    rpulipati,
    It might not be the case. My i-140 is pending at NSC, but still the I-485 case was sent to TSC.






    I and my wife received transfer notice to TSC yesterday. This may be because of my pending I-140 at TSC.

    RD: 07/19/07
    ND: 07/21/07

    I dont know if my checks are cashed or not (My employer provided them).

    Thanks




    paragpujara
    01-06 01:01 AM
    Guys,

    Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.


    Thanks for the update Parag. Good luck! Let us know what happens.




    delhiguy
    07-08 06:36 PM
    The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.


    I have a question , if someone want to answer it.

    We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.

    I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC



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