n2b
08-13 11:29 AM
Ok saw the Receipts - The ND is 8/4/2007 (they are working on Saturdays)
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chalamcharla
10-10 02:13 PM
Still Waiting !! 90 days reached, Received by R.Williams on July 5th , Nebraska. Did any july 5th filers got receipts from NSC :o:confused::mad:
GreeNever
05-03 11:09 AM
thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
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unitednations
03-07 01:17 PM
This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.
We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.
One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
Part of the study would be: Why is there so many Indians in the que?
What type of companies are sponsoring most greencards?
Rate of H-1b denials?
Rate of consulate denials?
How are people getting here?
What is the average wage of people being sponsored here?
if people are so skilled then why don't they go into extraordinary ability?
DOL investigations?
The list goes on and on of what the counter attacks are...
People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.
What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.
Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.
We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.
One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
Part of the study would be: Why is there so many Indians in the que?
What type of companies are sponsoring most greencards?
Rate of H-1b denials?
Rate of consulate denials?
How are people getting here?
What is the average wage of people being sponsored here?
if people are so skilled then why don't they go into extraordinary ability?
DOL investigations?
The list goes on and on of what the counter attacks are...
People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.
What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.
Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.
more...
puddonhead
05-01 10:59 AM
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
ski_dude12
04-20 01:29 AM
What is the name of your employer? Atleast it will help others to be aware of them.
more...
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.
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Macaca
07-08 10:57 AM
Found this from Chinese website:
http://www.mitbbs.com/article_t/Immigration/22918275.html
Is it possible to put IV nicks on persons in the pictures? Thanks!
http://www.mitbbs.com/article_t/Immigration/22918275.html
Is it possible to put IV nicks on persons in the pictures? Thanks!
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sam2006
07-20 12:24 PM
Congratulations Aman !!!
100 $ more from my side once the Checks get cleared !!!
100 $ more from my side once the Checks get cleared !!!
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leo2606
12-27 10:50 PM
IOs at TSC are responding to the enquiry of your case i.e they give info about name check status.
But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?
But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?
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Macaca
07-07 09:11 AM
I know we have members from Britain
I hope Franklin is there. Please convey my personal feeling that I consider him (+ all non-indians) to be an integral part of IV.
It would be great if we can showcase a multicultural group
I don't know how many IVer's can comprehend multiculturalism!
PS: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?
It was a very crafty/slick move on your part. I was very impressed. Not to mention: I am ecstatic that it is working.
msyedy's legacy continues!
I hope Franklin is there. Please convey my personal feeling that I consider him (+ all non-indians) to be an integral part of IV.
It would be great if we can showcase a multicultural group
I don't know how many IVer's can comprehend multiculturalism!
PS: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?
It was a very crafty/slick move on your part. I was very impressed. Not to mention: I am ecstatic that it is working.
msyedy's legacy continues!
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hpandey
07-28 05:55 PM
EAD Paper Filed TSC - 21st June
RD - 06/23/08
No LUD after that. Still waiting.
Applied 06/23
Got cards for both me and my wife on 07/28
Approved for two years beginning OCT to OCT/10
The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .
RD - 06/23/08
No LUD after that. Still waiting.
Applied 06/23
Got cards for both me and my wife on 07/28
Approved for two years beginning OCT to OCT/10
The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .
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pani_6
08-18 01:48 PM
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
Curious Techie..Core is you and me and dont post such things..but for the core EB-2 would not have been in a postion that it is today..they worked to get this done...you can request them in thier next meeting to bring this issue with USCIS\
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
Curious Techie..Core is you and me and dont post such things..but for the core EB-2 would not have been in a postion that it is today..they worked to get this done...you can request them in thier next meeting to bring this issue with USCIS\
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rajuseattle
08-16 10:33 PM
thanks BRIT_GC
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Sachin_Stock
09-24 01:42 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
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Dhundhun
12-17 02:24 PM
1. Good health (which we often take for granted)
Wish list - against stress
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
Sold house in India to meet expenses here.
5. Good work experience (this is transferable and more or less ensures a decent future)
At the same level, same job for years and years
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
What is this in USA?
This is personal experience, people may have different view.
Wish list - against stress
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
Sold house in India to meet expenses here.
5. Good work experience (this is transferable and more or less ensures a decent future)
At the same level, same job for years and years
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
What is this in USA?
This is personal experience, people may have different view.
more...
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arunkotte
07-02 09:53 AM
all USPS shipped Guys
Any idea, can we get information any info from the USPS of Lincoln, NE when would they deliver our packages ?
They say this " Information, if available, is updated every evening." I guess we have to wait till the update to know when it was delivered.
Any idea, can we get information any info from the USPS of Lincoln, NE when would they deliver our packages ?
They say this " Information, if available, is updated every evening." I guess we have to wait till the update to know when it was delivered.
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gc_on_demand
04-30 01:52 PM
My guess is Eb3 India will not be current this year. From other Law firm site I observe that we will see mini version of what happend last year so I guess Eb2 I will be current .. ( Not because I am Eb2 ( I ) ) . Eb3 ROW will be C guys soon..
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guy03062
07-06 07:44 PM
30th June.
Hey when have u mailed ur papers?????29thjune or 30th june and when is ur PD?
vaishhu
Hey when have u mailed ur papers?????29thjune or 30th june and when is ur PD?
vaishhu
GTGC
09-16 04:53 PM
Great Thanks. Please PM me your email ID, Ph# and amount u would like to pledge.
I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!
we've gotta keep moving forward ....!
I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!
we've gotta keep moving forward ....!
kysrek
06-14 03:31 PM
My I-485 was mailed on June 1'st. Attorney haven't received receipts yet.
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
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