logiclife
10-08 01:45 PM
Excuse me for being a little blunt...but
People really need to stand up and see what it takes to bring about change. People are loathe to drive 10 miles and attend a state chapter meeting, and you want to overhaul a system to the extent that you get credit for time/experience in US?
I am not saying its a good or bad thing. What I am saying is, what you are asking for is a major overhaul. GC is driven by A PARTICULAR POSITION offered by A PARTICULAR EMPLOYER, where its proven that NO US CITIZEN WAS WILLING, QUALIFIED AND ABLE TO do the job. How can your previous job get you credit for such a position and petition driven GC process? If you want that, then system needs major change where GC is not drive by one particular job offer from one particular employer who sponsors you.
So basically, you are looking for a RADICAL change in the system. Nothing wrong with dreaming, but kindly show some friggin activity and effort on your part before putting up new ideas on forums.
Otherwise if you are sitting around and
1. Offering new innovative ideas for GC reform on forum posts that lawmakers dont read.
2. Never go to lawmaker meetings in DC or locally or attend any local meetups of IV.
3. Cancel recurring contributions as soon as your EAD card shows up in your mailbox.
Then please, keep your really creative and excellant ideas to yourself. Because Ted Kennedy is not going to change the system and give you credit for working here since 1999 or 1929 and reset your PD to 1999 or 1929 BASED ON YOUR BRILLIANT IDEAS on forum posts.
People really need to stand up and see what it takes to bring about change. People are loathe to drive 10 miles and attend a state chapter meeting, and you want to overhaul a system to the extent that you get credit for time/experience in US?
I am not saying its a good or bad thing. What I am saying is, what you are asking for is a major overhaul. GC is driven by A PARTICULAR POSITION offered by A PARTICULAR EMPLOYER, where its proven that NO US CITIZEN WAS WILLING, QUALIFIED AND ABLE TO do the job. How can your previous job get you credit for such a position and petition driven GC process? If you want that, then system needs major change where GC is not drive by one particular job offer from one particular employer who sponsors you.
So basically, you are looking for a RADICAL change in the system. Nothing wrong with dreaming, but kindly show some friggin activity and effort on your part before putting up new ideas on forums.
Otherwise if you are sitting around and
1. Offering new innovative ideas for GC reform on forum posts that lawmakers dont read.
2. Never go to lawmaker meetings in DC or locally or attend any local meetups of IV.
3. Cancel recurring contributions as soon as your EAD card shows up in your mailbox.
Then please, keep your really creative and excellant ideas to yourself. Because Ted Kennedy is not going to change the system and give you credit for working here since 1999 or 1929 and reset your PD to 1999 or 1929 BASED ON YOUR BRILLIANT IDEAS on forum posts.
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sam2006
07-20 10:36 AM
Can some one tell how to cancel 20$ subscription and start 50$ subscription.
vallabhu you can do it in the Home Page and contributions link
There is an option to cancel 20$ and start 50$
thanks in advance for doin it
vallabhu you can do it in the Home Page and contributions link
There is an option to cancel 20$ and start 50$
thanks in advance for doin it
jgh_res
07-20 03:36 AM
I pledge 100 dollars. Please let me know how I need to send it over. Send any action alert to my associated email id.
I could not update the google spreadsheet. Can somebody do it for me...
I could not update the google spreadsheet. Can somebody do it for me...
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man-woman-and-gc
09-17 12:35 AM
Good Job Folks...keep the pledges coming.
And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.
Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...
For now..we are moving forward...and that's what counts at the end of the day.
And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.
Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...
For now..we are moving forward...and that's what counts at the end of the day.
more...
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.
insbaby
08-18 09:05 PM
So, how are u going to help us????
Two weeks back, your priority was to file a law suite against porting from EB3 to EB2.
Now after seeing your own buddies get approval before you, you put the previous plan on hold (sure you have not dropped it) and working on the new item.
All we can do is to send letters to USCIS to expedite the process and give SunnySurya green card at the earliest.
So not only EB3 but EB2 also escape from new issues.
I am with you.
You are almost there, you will get GC tomorrow or next week, who knows.
Two weeks back, your priority was to file a law suite against porting from EB3 to EB2.
Now after seeing your own buddies get approval before you, you put the previous plan on hold (sure you have not dropped it) and working on the new item.
All we can do is to send letters to USCIS to expedite the process and give SunnySurya green card at the earliest.
So not only EB3 but EB2 also escape from new issues.
I am with you.
You are almost there, you will get GC tomorrow or next week, who knows.
more...
man-woman-and-gc
09-15 03:50 PM
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
Absolutely agree...and also please note that yes, they may replace the individual me or the individual you....but can they replace the whole immigrant population who are in the long and endless queue for a GC?
United we stand folks.....individually we may be non-existent.
Absolutely agree...and also please note that yes, they may replace the individual me or the individual you....but can they replace the whole immigrant population who are in the long and endless queue for a GC?
United we stand folks.....individually we may be non-existent.
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a_tyagi26
01-30 03:19 PM
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
or if you are not getting paid you can complain to labor department. Your employer is that body shopper and he should pay you for the period of your h1. He has proved that he has capacity to pay you by filing for LCA and h1b. you having a project was never a condition for you getting paid from your employer. complain to labor department or USCIS if you are not getting paid.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
or if you are not getting paid you can complain to labor department. Your employer is that body shopper and he should pay you for the period of your h1. He has proved that he has capacity to pay you by filing for LCA and h1b. you having a project was never a condition for you getting paid from your employer. complain to labor department or USCIS if you are not getting paid.
more...
gc4me
07-21 12:44 PM
Recieved by USCIS on July 11, LUD JUL 15th.
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anzerraja
07-20 12:23 AM
Thanks Vj Verma !!!
count me in for a 100 as well.
count me in for a 100 as well.
more...
rolrblade
11-21 08:10 AM
Hello Mehul:
I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.
On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.
As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .
ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.
I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.
On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.
As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .
ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.
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dtekkedil
07-06 09:53 PM
Lot of people are sending scornful messages along with their flowers. Please refrain from doing that. The message should be something along the lines given below -
I understand your agency does all it can; Do the best job it can.
I also hope you empathize with the frustrations of a legal immigrant.
A small token of peaceful protest and hoping for the best.
This is necessary in order to stick to our theme of Gandhigiri!
I understand your agency does all it can; Do the best job it can.
I also hope you empathize with the frustrations of a legal immigrant.
A small token of peaceful protest and hoping for the best.
This is necessary in order to stick to our theme of Gandhigiri!
more...
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Karthik Thambidurai
07-13 07:57 AM
NPR news coverage on July 2007 visa bulletin
http://www.npr.org/templates/story/story.php?storyId=11945381
:)
http://www.npr.org/templates/story/story.php?storyId=11945381
:)
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sbabunle
06-26 02:54 PM
Its pathetic people are calling each other racists. Guys
we have an uphill task in front of us. The only chance
of winning is that stay together and work together.
There are 200000 members for NumberUSA.com. How much
are we? Meagre 5000. And we are calling names ourselves it
wont go too far.
Please remember every single day the citizens of USA
are turning against immigration more and more. It would be
really difficult to get the things we need from the law makers.
we have an uphill task in front of us. The only chance
of winning is that stay together and work together.
There are 200000 members for NumberUSA.com. How much
are we? Meagre 5000. And we are calling names ourselves it
wont go too far.
Please remember every single day the citizens of USA
are turning against immigration more and more. It would be
really difficult to get the things we need from the law makers.
more...
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SlipperyGC
05-02 06:39 PM
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available
Pending labor certification application in PBEC? or this only applies to people who have approved labor, approved I-140 or both?
Thanks,
Electronics Engineers, Except Computer - 17-2072.00
RIR/CA/EB3
PD: 09/25/03
RD: 10/04/04
BEC#: P-04303-30451
RECD 45DL: 02/17/05
RPLD 45DL: 02/23/05
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available
Pending labor certification application in PBEC? or this only applies to people who have approved labor, approved I-140 or both?
Thanks,
Electronics Engineers, Except Computer - 17-2072.00
RIR/CA/EB3
PD: 09/25/03
RD: 10/04/04
BEC#: P-04303-30451
RECD 45DL: 02/17/05
RPLD 45DL: 02/23/05
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lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
more...
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saimrathi
07-03 03:34 PM
That will be a good idea.. Atleast it wont go unnoticed that way..
We should tip the local and national TV channel to cover these by standing in front of the that building and see the kabloom FTD trucks pulling up there all day long constantly as if there is supplying of flowers to a cemetary.
We should tip the local and national TV channel to cover these by standing in front of the that building and see the kabloom FTD trucks pulling up there all day long constantly as if there is supplying of flowers to a cemetary.
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srikondoji
07-05 11:08 AM
Individually.
Do we send the flowers individually or collectively? I am in either way.
Do we send the flowers individually or collectively? I am in either way.
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reddymjm
06-06 05:46 PM
The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.
anilsal
03-09 09:32 AM
I know many people are averse to talking to their lawmakers because of unknown fears(totally wrong thing to do...there is nothing to be afraid of)
Come on, if you are not strong enough to talk to your congress rep and/or his staff, then you need to evaluate yourself.
Yesterday, I did talk to a bunch of office people for a congress rep who is a republican (and still evaluating CIR) and they were very impressed with my knowledge of the issues and hearings happening in the senate/congress etc. I may have moved that congress man's decision towards supporting CIR. Just get yourself acquainted with what is happening with immigration in the hearings - know who the key players are etc AND then just talk to the office people/staff dealing with immigration for the congress reps. The worst that can happen is that they may disagree with you. But they will not ill treat you in any way.
Now show some depth - contribute your time and money to IV.
Come on, if you are not strong enough to talk to your congress rep and/or his staff, then you need to evaluate yourself.
Yesterday, I did talk to a bunch of office people for a congress rep who is a republican (and still evaluating CIR) and they were very impressed with my knowledge of the issues and hearings happening in the senate/congress etc. I may have moved that congress man's decision towards supporting CIR. Just get yourself acquainted with what is happening with immigration in the hearings - know who the key players are etc AND then just talk to the office people/staff dealing with immigration for the congress reps. The worst that can happen is that they may disagree with you. But they will not ill treat you in any way.
Now show some depth - contribute your time and money to IV.
arunsarun
06-22 12:23 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
Its our fate
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