cr52401
06-17 03:45 PM
I got finger print notice on 6-16-07.
I never got receipt notice and I could not read the number in back of my check image. My attorney even did not get any receipt notice either:confused:
The finger print is scheduled for July 7th. I sent all app. to NCS on the June first and they transferred to TCS. PD of Sep 2003 and I-140 was approved 2005. I also apply for travel doc. and work permit but no receipt so far.:rolleyes:
I never got receipt notice and I could not read the number in back of my check image. My attorney even did not get any receipt notice either:confused:
The finger print is scheduled for July 7th. I sent all app. to NCS on the June first and they transferred to TCS. PD of Sep 2003 and I-140 was approved 2005. I also apply for travel doc. and work permit but no receipt so far.:rolleyes:
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amitjoey
05-23 04:36 PM
Just sent webfax to California senators.
Thanks
Thanks
sankap
07-10 01:04 AM
[QUOTE=desi3933;486996]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.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
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.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
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.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
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)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
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.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
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.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
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)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
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rk07
09-20 10:11 PM
Hi,
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
more...
gbof
09-09 09:13 PM
Oct09 VB is awafully disgusting for my EB3 friends. Call of the day -- try out all possible options to improve your chances (EB2, if after so many years you qualify) and INTENSE lobby efforts for recapture by roping in all friendly employers and congressmen. Running away will not improve the lot.......
kshitijnt
05-01 09:41 PM
Even I got a lot of red dots on this post.
Please give me some green now :)
Please give me some green now :)
more...
jonty_11
02-05 02:39 PM
Used "Automatic Visa Revalidation Rule" for entering US from Canada
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
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life99f
07-08 07:01 PM
count me in. 31 so far.
I was working on DC but so far just received 30 votes..
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
I was working on DC but so far just received 30 votes..
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
more...
JunRN
08-29 03:17 PM
NSC's receipting up-date is like fooling us around. It seems to me that if they touched one application with a date - July 24 - then it will declare in the Receipting up-date that it is already processing July 24 cases and yet, they are not yet finished with July 2 to 23 applications.
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potatoeater
05-08 05:06 PM
http://immigrationvoice.org/forum/showpost.php?p=333828&postcount=6
Specifically the line..
"In fact, I predict retrogression to U level in EB2-I also."
And send me money if you want any more accurate predictions for the future. :)
Looks like my calling is in astrology. :)
Specifically the line..
"In fact, I predict retrogression to U level in EB2-I also."
And send me money if you want any more accurate predictions for the future. :)
Looks like my calling is in astrology. :)
more...
mnkaushik
08-31 10:11 AM
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
During July 07, i know some of the couples did apply twice once a primary and other as dependent on the other. In July 07, wife and i did not take that approach and had separate applications. In August 08, i applied for my second 485 as her dependent since i would have to wait a decade to get gc through my application. For now, my other application shows under review. Once i get GC in my hands, then i will ask my compnay lawyer if there is a need for withdrawing my other application.
How many such cases are with uscis? And what happens to the one you filed for yourself?
During July 07, i know some of the couples did apply twice once a primary and other as dependent on the other. In July 07, wife and i did not take that approach and had separate applications. In August 08, i applied for my second 485 as her dependent since i would have to wait a decade to get gc through my application. For now, my other application shows under review. Once i get GC in my hands, then i will ask my compnay lawyer if there is a need for withdrawing my other application.
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sirinme
09-30 10:30 AM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
more...
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vdlrao
09-10 12:50 PM
How can contributing $1000.00 to immigration voice solves this problem? You are telling like a swami's in India, give me money I will do some pooja on your behalf and all your problems will be solved.
The money is not for me or for the Immigration Voice but for the lobbying to make the uscis or the government understand how the employment based GC system is outdated, and how the people who came to usa with an American Dream are being played by the rules not for days or weeks or months but for years and years. And procrastinating their American Dream because of the limitations they have during the GC process.
Active participation or contribution of 10 or 20 or 100 people wont be any effective unless and untill we all do it collectively.
The money is not for me or for the Immigration Voice but for the lobbying to make the uscis or the government understand how the employment based GC system is outdated, and how the people who came to usa with an American Dream are being played by the rules not for days or weeks or months but for years and years. And procrastinating their American Dream because of the limitations they have during the GC process.
Active participation or contribution of 10 or 20 or 100 people wont be any effective unless and untill we all do it collectively.
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BharatPremi
11-01 05:44 PM
:D:Di work for big company...and i have paystubs...
in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...
i am beginning to see light at the end of the tunnel...:D
in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...
i am beginning to see light at the end of the tunnel...:D
more...
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knnmbd
05-04 03:42 PM
I don't think having a MS degree supercedes a BS always.
How can you compare say for example a BS+10 yrs person with a kid just out of school doing MS. Doesn't jive. I think at somepoint both level off. Just merely having a MS degree doesn't mean anything without experience.
IT is not just one such field. You would find other's too. Financial aspect that you are talking is a whole different topic
No one is comparing a BS + 10 years to a M.S from a U.S university. And please refrain from saying "kid"( just b�cos he/she is attending a university here), you could be speaking about some one from a REC or an IIT with a Master's or a PHD from a IV league U.S school so let�s show some respect to people�s intellects.
How can you compare say for example a BS+10 yrs person with a kid just out of school doing MS. Doesn't jive. I think at somepoint both level off. Just merely having a MS degree doesn't mean anything without experience.
IT is not just one such field. You would find other's too. Financial aspect that you are talking is a whole different topic
No one is comparing a BS + 10 years to a M.S from a U.S university. And please refrain from saying "kid"( just b�cos he/she is attending a university here), you could be speaking about some one from a REC or an IIT with a Master's or a PHD from a IV league U.S school so let�s show some respect to people�s intellects.
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buddyinsd
08-25 05:04 PM
I'm guessing ppl who got LUDs recently (mostly on 21st) have been assigned visa numbers which are going to be released only nxt month and they will be approved only in the beginning of Sept.
Visa numbers for this month have been used up. And going by the # of ppl who got LUDs even if they were not current, my assumption is that their applications were in the same box as the ones who were current and it was a mass update. I think come Sept, they're going to take all applications out of the "LUD Boxes" and sort out only those who are current and start approving them.
Again, its all assumptions...Nobody knows for sure whats going on...
Visa numbers for this month have been used up. And going by the # of ppl who got LUDs even if they were not current, my assumption is that their applications were in the same box as the ones who were current and it was a mass update. I think come Sept, they're going to take all applications out of the "LUD Boxes" and sort out only those who are current and start approving them.
Again, its all assumptions...Nobody knows for sure whats going on...
more...
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guchi472000
04-30 09:54 AM
http://www.immigration-information.com/forums/showthread.php?t=4285&page=53
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syzygy
07-10 10:00 AM
Can you please put this as text/html and feed to search spiders on google etc?
This is our official response to this
http://www.touchdownusa.org/pdf/Response.pdf
This is our official response to this
http://www.touchdownusa.org/pdf/Response.pdf
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lasvegas
02-06 10:03 AM
Another thread where this issue is discussed
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
hindichinibhaibhai
03-15 01:10 AM
How many of those 245(i) cases from April 2001 might exist in the EB3-India bucket?
As long as there are 245(i) cases pending against Eb3-India, this category cannot move past 2001. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
As long as there are 245(i) cases pending against Eb3-India, this category cannot move past 2001. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
imconfused
07-03 11:17 AM
trust me, everyone will write for 2 days more, then move on... i know that! agar kuch karna hi hotta to apna desh kahaan se kahaan pahunch gaya hotta... apne desh ko to badal nahi sakte idhar kya karengey? hehe
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
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