tonyHK12
02-24 01:45 PM
thanks seshadr, hsingh82, rbusgc
Total Contributions...........$8,625.00
Amount to be raised.......$41,375.00
.
.
Total Contributions...........$8,625.00
Amount to be raised.......$41,375.00
.
.
wallpaper Swan Queen in Swan Lake.
bmoni
05-02 12:43 AM
Hey,
Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....
Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....
franklin
06-08 05:12 PM
How are you guys seeing these check images? Did you pay for this out of your own pocket?
I'm assuming your assumption is correct :)
There is no way for me to see check images for this, since my company paid
I'm assuming your assumption is correct :)
There is no way for me to see check images for this, since my company paid
2011 to play the Swan Queen in
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.
more...
psk79
08-29 09:47 AM
Did your checks cashed before you got the receipts? or receipts much faster?? Congrats!
Sorry! I just saw your other thread about the check mishap..Good luck!
Sorry! I just saw your other thread about the check mishap..Good luck!
pappu
02-09 05:56 PM
People are giving red dots for asking donation....
Great we will fix all these problem by 2100.
GO IV GO...there are lots of free riders waiting for you.
I really feel ashamed you guys.
I will check who they are cos that means they are anti-IV and anti-immigrants
Great we will fix all these problem by 2100.
GO IV GO...there are lots of free riders waiting for you.
I really feel ashamed you guys.
I will check who they are cos that means they are anti-IV and anti-immigrants
more...
eb3retro
07-19 07:24 PM
the above poster summarized it very good. here are some of my thoughts..
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
2010 As the #39;Real#39; Black Swan
beppenyc
06-21 04:18 PM
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Well, hearing is in august, that means that the CIR for this year is dead.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Well, hearing is in august, that means that the CIR for this year is dead.
more...
learning01
06-05 03:35 PM
Is Lin for Lincoln, NB or something like that? Is one I-140 and the other I-485?
Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.
WAC071795xxxx - June 1
WAC071805xxxx - June 2
WAC071815xxxx - June 4
......
LIN071735xxxx - June 1
LIN071745xxxx - June 4
......
Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.
WAC071795xxxx - June 1
WAC071805xxxx - June 2
WAC071815xxxx - June 4
......
LIN071735xxxx - June 1
LIN071745xxxx - June 4
......
hair Black Swan is a film filled
nksfl
08-26 12:34 PM
We have been waiting for more than 100 days. We applied exactly 120 days before our current EAD was going to expire. When I called USCIS (after 90 days) , Customer Service told that that don�t have our finger prints in file. I never got any notice and my lawyer said they don�t need finger prints for paper filed application and they should use I485 finger prints. So I took the infopass appointment. IO was nice and he was willing to listen. He said the same thing (missing finger prints). I showed him the fingerprint receipts from last year and also showed the USCIS memo talking about interim EAD. He said no to interim EAD. But called Texas Service Center right then. Person on the other end offered to call back in 5 minutes and he did. IO came back and told us that there was some thing wrong at their end and they will port my finger print information from 485 to EAD application. But he said it would take 10 � 15 business days more. Our current EAD were expiring soon and I called congresswoman�s office next day. Got the approval email yesterday evening. Don�t know what worked. But what a huge relief.
EB-3-India (March 2003)
Labor Approved: Oct 2006
I-140 approved � Jan 2007
I-485 applied � June 2007
EAD (Renewal) applied � May first week 2008
Called USCIS and Opened SR � August first week
Infopass at local uscis office: Aug 20th
Called Congress Woman�s office: Aug 21 st
EAD Approval email: Aug 25
EB-3-India (March 2003)
Labor Approved: Oct 2006
I-140 approved � Jan 2007
I-485 applied � June 2007
EAD (Renewal) applied � May first week 2008
Called USCIS and Opened SR � August first week
Infopass at local uscis office: Aug 20th
Called Congress Woman�s office: Aug 21 st
EAD Approval email: Aug 25
more...
gsc999
07-07 12:07 AM
Why not in DC... IF we really plan then we can do this in DC.. ? may be next weekend?
--
It would be great if we can coordinate nationally, that way we can synergize our efforts.
--
It would be great if we can coordinate nationally, that way we can synergize our efforts.
hot went to see Black Swan and
kevin08
11-19 04:53 PM
Recieved standard reply from Senator's office.
more...
house white swan, the Swan Queen
acecupid
09-24 04:13 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
tattoo im the swan queen
GCStatus
09-14 04:41 PM
LAST BUT NOT LEAST
Guys, If some one wants to discourage us or post anything other than words of caution or advise. Please refrain from doing that. We want people to stay positive and throw more positive energy to this thread.[/QUOTE]
You the MAN
Guys, If some one wants to discourage us or post anything other than words of caution or advise. Please refrain from doing that. We want people to stay positive and throw more positive energy to this thread.[/QUOTE]
You the MAN
more...
pictures lack swan queen.
gclabor07
11-17 03:26 PM
Done.
dresses In short, her Swan Queen blew
delax
07-27 07:58 PM
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
more...
makeup lack swan queen.
flresident
08-18 10:45 AM
Hi,
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
That was pretty quick.
Funny part is, I haven't received receipt notice yet.
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
That was pretty quick.
Funny part is, I haven't received receipt notice yet.
girlfriend Black Swan has been called a
gcspace
10-10 02:26 PM
Please update the list with your names,if not there.
hairstyles Black Swan
immigrant2007
09-10 12:20 AM
IV:
What are plans and strategy for EB3?
We all morons wont still learn, we will still start prediting for next visa bulletin hoping that a reincarnation of god will ome and deliver us visa numbers.
Unless we all make a collective effort no one is going to listen to us. I know the fate of my post we all people are busy to get our post noted or express our opinion that we have lost our fous of what our main problem is. I think we deserve this perhaps I dont think if we continue like this we even deserve GCs.
What are plans and strategy for EB3?
We all morons wont still learn, we will still start prediting for next visa bulletin hoping that a reincarnation of god will ome and deliver us visa numbers.
Unless we all make a collective effort no one is going to listen to us. I know the fate of my post we all people are busy to get our post noted or express our opinion that we have lost our fous of what our main problem is. I think we deserve this perhaps I dont think if we continue like this we even deserve GCs.
Refugee_New
08-18 02:53 PM
Ok people, the *F* bomb is being thrown about a LITTLE too much here.
Wasn't that appropriate here? Aren't they use this word in day to day life?
Wasn't that appropriate here? Aren't they use this word in day to day life?
desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
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