blackberry
08-26 03:42 PM
My application reached NSC July 18th.
Check cashed :NO
Receipt : NO
Anybody from July 18th got their check cashed or got receipts.
LUD on I-140 07/28/2007
--BB
Check cashed :NO
Receipt : NO
Anybody from July 18th got their check cashed or got receipts.
LUD on I-140 07/28/2007
--BB
wallpaper I inherited this map panel
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.
payur
03-08 04:07 PM
If you look at what you dont have in life, you have NOTHING; If you look at what you have in life, you have EVERYTHING
I hope this helps:)
I hope this helps:)
2011 On the map I was using to do
GCStatus
09-15 12:21 PM
I appreciate your spirit, although I don't agree with your belief that you own the thread or the messageboards by the virtue of your creating a thread.
What I posted was a plea to introspect (more so as the first anniversary of the D.C. rally approaches) - it was in no way dismissive of your efforts, or an effort to ridicule or demean your thread or its spirit.
Not sure why you felt the need to be rude - being firm and clear about your goals is a sign of leadership, and being blunt may get you some more brownie points. However, brash/rude behavior is not a substitute for that clarity and firmness, imho - particularly with those who may be working towards the same goals as you are (albeit coming at it from a different angle).
All the best in your endeavors, my friend.
jazz
I dont own anything - Its all WE. Its WE
Apologizes if it hurt your feelings - Goal is NO negative energy here. Period.
Please join us in this effort
What I posted was a plea to introspect (more so as the first anniversary of the D.C. rally approaches) - it was in no way dismissive of your efforts, or an effort to ridicule or demean your thread or its spirit.
Not sure why you felt the need to be rude - being firm and clear about your goals is a sign of leadership, and being blunt may get you some more brownie points. However, brash/rude behavior is not a substitute for that clarity and firmness, imho - particularly with those who may be working towards the same goals as you are (albeit coming at it from a different angle).
All the best in your endeavors, my friend.
jazz
I dont own anything - Its all WE. Its WE
Apologizes if it hurt your feelings - Goal is NO negative energy here. Period.
Please join us in this effort
more...
chanduv23
07-10 05:45 PM
@chanduv23:
Ok, i am not challenging you or your interpretations. I am looking into all options.
Ok, i am not challenging you or your interpretations. I am looking into all options.
simple1
05-02 01:15 AM
Thanks to basha for asking question to an attorney. Hopefully Ron answers it.
Thanks to vbkris77 for posting it in this thread.
VB Core,
Is it possible to get a quick clarification from a forum-attorney ?
I saw someone already asking this question in Ron Gotcher's immigration forum.
http://www.immigration-information.com/forums/showthread.php?t=7988
That is a good thing. Lets keep our fingers crossed.
Thanks to vbkris77 for posting it in this thread.
VB Core,
Is it possible to get a quick clarification from a forum-attorney ?
I saw someone already asking this question in Ron Gotcher's immigration forum.
http://www.immigration-information.com/forums/showthread.php?t=7988
That is a good thing. Lets keep our fingers crossed.
more...
xela
02-15 08:07 AM
Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!
2010 One-of-a-kind custom Soft-Maps
nousername
02-09 08:43 PM
$30 from my side.. Could not set up Paypal a/c without banking details so will do it tonight for sure..
Keep going guys.
Thanks for your contribution. Please pursuade your friends and relatives also
Keep going guys.
Thanks for your contribution. Please pursuade your friends and relatives also
more...
greatzolin
08-17 07:04 PM
The only way to know if you case got transfered is by the RN? or if the checks have the number on the back?
Txs
Txs
hair My quilt has 182 letters;
dtekkedil
07-06 04:26 PM
http://www.1888flowermall.com/_e/loc/product/FBQ405%2DRO/_1_Bouquet_Artificial_7_5_Silk_Rose_Pink_Sweethear t_Rose_Bouquet.htm
Those are FAKE flowers!!!
Send real ones!!
Those are FAKE flowers!!!
Send real ones!!
more...
pamposh
09-17 03:00 PM
Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.
Completely agreed. It is not about money, that is just a small portion of the whole issue and it does not matter who paid it. Infact even if the employer is paying for our application he/she is not paying it for free, they pay coz we work for them so logically it could be considered our money...that is what we need to emphasize on.
Its ideal, we dont waste our energy on these.
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
Completely agreed. It is not about money, that is just a small portion of the whole issue and it does not matter who paid it. Infact even if the employer is paying for our application he/she is not paying it for free, they pay coz we work for them so logically it could be considered our money...that is what we need to emphasize on.
Its ideal, we dont waste our energy on these.
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
hot with the world map on it.
pappu
12-10 03:04 PM
There are two posts from 'Ticked Off' at this link:
deleted
Thanks. i know that url (dan stein's site). its totally against us.
deleted
Thanks. i know that url (dan stein's site). its totally against us.
more...
house Modern Map Baby Quilt
fide_champ
04-20 09:34 PM
Report them to USCIS and blacklist them. They don't get anything by suing you. They have more to lose if you report them to USCIS.
tattoo Themes: maps, travel
paragpujara
12-17 09:10 AM
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
more...
pictures Map Quilt Block
jsb
11-26 03:17 PM
I have copy of that letter but it mentions the title and salary no job desc.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.
Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.
Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
dresses crafted Soft Map quilts is
smuggymba
11-17 06:38 PM
Done.
more...
makeup a feature on map quilts.
drirshad
05-06 01:00 AM
Chill out guys ..........
If u r frustrated try Viagra ......
If u r not frustrated good for u .........
If u r neither search for the nearest escort service .....
If u r frustrated try Viagra ......
If u r not frustrated good for u .........
If u r neither search for the nearest escort service .....
girlfriend map quilts with loopy quilting
dc2007
12-17 12:57 PM
1. Good health (which we often take for granted)
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
Dear,
What are you doing for 7 years in US if you have not studied here and just started career ? or I have mis-understood what you said above?
But to me if you are not saving some money while in US, its not worth it staying here, away from family/friends.
Good Luck
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
Dear,
What are you doing for 7 years in US if you have not studied here and just started career ? or I have mis-understood what you said above?
But to me if you are not saving some money while in US, its not worth it staying here, away from family/friends.
Good Luck
hairstyles Toronto#39;s Language Quilt
sunsuri
07-04 06:05 PM
I had sent mine out on July 1st and it was received on July 3rd at 11:14 a.m.
sbabunle
05-03 06:21 PM
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I agree with you eb3-nepa. My story is pretty much same as yours. Its not
a good idea to blame IV. IV is trying to do whatever possible within its limits.
If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
I hope and pray some good law will come up where there will be some good for everyone.
thanks
babu
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I agree with you eb3-nepa. My story is pretty much same as yours. Its not
a good idea to blame IV. IV is trying to do whatever possible within its limits.
If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
I hope and pray some good law will come up where there will be some good for everyone.
thanks
babu
FinalGC
07-09 02:06 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
No comments:
Post a Comment