sparky_jones
09-23 04:20 PM
* is expected to move very slightly forward
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward
I love english. You can say the same thing in 10 different ways without hurting others.
-- He could have done it with just two words as "Forget it" and closed the meeting.
Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward
I love english. You can say the same thing in 10 different ways without hurting others.
-- He could have done it with just two words as "Forget it" and closed the meeting.
Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!
wallpaper 0064 Lions hunting Zebrzs
ita
02-09 02:07 PM
Just sent $25 Transaction ID: 0MG61582KF344472C. Thank you
thomachan72
05-23 08:25 AM
You seem to be acting more in your interest than larger good of the members of this community. You have been quietly browsing all this time and suddenly became a member and starting whining and complaining of what IV is doing. You don't need to get hyperactive and start freaking out. Relax and do what IV is requesting you to do at this time. There are a lot of items & issues IV is working on and they have prioritized some of them as very important which affects the larger members of this group. These important ones are what they are concentrating for now. If you do not like what IV is doing, you are more then welcome to move on and do what pleases you. But please stop discouraging & instigating other members with your stupid comments.
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
2011 Male Lion Hunting
diptam
06-26 03:58 PM
After 6-7 months tell the employer that i'm going India for ever due to personal reasons - you know its not feasible for me to pay.
They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.
Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.
Thanks !
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.
Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.
Thanks !
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
more...
dba9ioracle
09-19 01:35 PM
As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.
I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.
8/12/08 - Approval Notice sent email
8/18/08 - Approval Notice sent mail (post)
Congratulations..
I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.
8/12/08 - Approval Notice sent email
8/18/08 - Approval Notice sent mail (post)
Congratulations..
grupak
08-05 09:50 AM
We received our two year EAD from TSC on August 4th. RD and ND June 18th. No worries for two years.
BTW my PD has been current since August 1.
BTW my PD has been current since August 1.
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.
2010 prized hunting trophy and
rahulp
09-10 08:52 PM
My sincere apologies for being harsh on IV members, I sincerely appreciate the efforts.
I guess Oct bulletin (EB3 - I) got me going there...
I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.
Peace.
I guess Oct bulletin (EB3 - I) got me going there...
I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.
Peace.
more...
desi3933
07-09 02:38 PM
.....
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
....
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
....
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
hair Lion Hunting Image
anzerraja
07-20 12:56 AM
hmehta Thanks Very much !!!
I pledge to contribute $100.
I pledge to contribute $100.
more...
gc28262
09-09 10:15 PM
Please see the following post
http://immigrationvoice.org/forum/869770-post54.html
The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.
http://immigrationvoice.org/forum/869770-post54.html
The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.
hot Lions hunting a hippopotamus
WaldenPond
06-28 04:37 PM
Hello LCtank,
Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.
If anybody has more of such suggestions/leads please send them across and help this effort.
Thanks again,
WaldenPond
Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.
If anybody has more of such suggestions/leads please send them across and help this effort.
Thanks again,
WaldenPond
more...
house Lions hunting buffalo, Nakuru
gc_vbin
11-18 04:16 PM
Done.. Got response from Michael Bennet..not an auto response but an email.
tattoo African lions hunting pics
GreenMe
07-03 12:30 PM
My Order # FNM1314755
more...
pictures African Lion Pride
Administrator2
11-18 09:50 AM
done... Congressman changed in recent election.
Newly elected lawmakers are not members of the Congress until 7th January, 2011. In the lame duck session i.e. time between elections and end of the year, the same lawmakers will continue to vote even if they lost their election.
The names of the Members of Congress is correct.
Newly elected lawmakers are not members of the Congress until 7th January, 2011. In the lame duck session i.e. time between elections and end of the year, the same lawmakers will continue to vote even if they lost their election.
The names of the Members of Congress is correct.
dresses Lions+and+lionesses
senthil1
12-10 11:22 PM
This could be one side of story. There were other posts which was mentioning about some fake resumes given by some Indian consultancy companies. So all those are isolated cases and we cannot take into account. I am seeing lot of hard working Americans and Indians as well. Also a family person with 2 kids cannot spend 12 or 16 hours per day compared to Bachlors(Most of the Bachlors who are spending 12 to 16 hours are H1b persons). If assesment is done based on that then that does not make any sense. Then do you thinkyou need to fire more than 35 year Old people and recruit 25 year people That is not American way. This country for long time Top rankholders as well as school dropouts also could survive and Lead a decent quality of life. I knew lot of Indians most of them gc holders and some H1b also those who were just average in skills had tough time in getting job between 2000 to 2004 because of more number of H1B people and also economy was bad. So there is no surprise some Americans also might have similar situation. But past 2 years everybody I knew were able to get job and survive well. This is because of economy and also because of limited H1b. But Corporations are asking too much h1b(unlimited by 20% automatic increase every year and exemption for MS people). Certainly that will kill the demand in job market and bring down the rates. I think H1B increase should be compromise between demand and supply. Otherwise there is going to be huge opposition. Congress cannot only favor Business. But as a Senator they have to take care of all groups of people. There may be a possiblity that H1b increase may happen but EB relief may not happen not that much strong lobbey from Business compared to H1B. American companies lie Micosoft, Intel culd not get H1B people because Indian consultancy companies grabbed all the H1bs in first few weeks of April and May not because of numbers. So that is a differentind of problem
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
more...
makeup Lion Hunt
khukubindu
05-05 06:20 PM
Thanks reddymjm for your quick reply. How long would it be current , do you think ?
What should I do from my side if it the date is correct ?
Should I call USCIS.
What should I do from my side if it the date is correct ?
Should I call USCIS.
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tonyHK12
02-17 05:02 PM
@12%, thanks iak1973, reddymjm, mhkumar, Pagal, Hopeful1, dudes2006
Total Contributions..........$6,225.00
Amount to be raised.......$43,775.00
.
.
Total Contributions..........$6,225.00
Amount to be raised.......$43,775.00
.
.
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pranavgandhi
09-16 05:39 PM
This is the first time I think, it is worth to contribute.
99.99% going back to India but still ready to contribute for this cause.
See if we can do something at international level.
Be in major news. Show them what US is doing with immigrants.
Taking money with all for all citizen cause and not giving single benefit.
Most eligible country for filing Bankruptcy.
99.99% going back to India but still ready to contribute for this cause.
See if we can do something at international level.
Be in major news. Show them what US is doing with immigrants.
Taking money with all for all citizen cause and not giving single benefit.
Most eligible country for filing Bankruptcy.
saketkapur
08-18 01:17 PM
Hi Guys
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
desigirl
07-20 10:24 AM
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
as gc28262 has indicated, that proper analysis and the correct interpretation of the law is needed to change such matters. Unless, EB3 people come out of the lethargic content/self pity and start working on the issues as if their life depended on it (it does) - just writing to the senators and representatives will not help. The legislative offices is not going to do the analysis (in the time that matters to us) and address it to the USCIS. However, if we do the ground work and then approach them, we may have a better chance of succeeding.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
as gc28262 has indicated, that proper analysis and the correct interpretation of the law is needed to change such matters. Unless, EB3 people come out of the lethargic content/self pity and start working on the issues as if their life depended on it (it does) - just writing to the senators and representatives will not help. The legislative offices is not going to do the analysis (in the time that matters to us) and address it to the USCIS. However, if we do the ground work and then approach them, we may have a better chance of succeeding.
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