Suva
08-13 11:40 AM
If it's a july filler then there is a chance of getting rejected because it reached there on June 30.
Hi all,
Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.
EB3,priority date
vaishu
Hi all,
Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.
EB3,priority date
vaishu
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vinabath
03-25 04:36 PM
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
You will get it this Calendar Year. Trust me.
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
You will get it this Calendar Year. Trust me.
vsoni
12-03 02:20 PM
Is there any way I can help you?
If yes Please PM me
If yes Please PM me
2011 LeBron James#39; mother, Gloria,
english_august
07-05 12:18 AM
Hey Friends -
We need to keep a track of the number of flowers being sent. So if you are sending flowers, then make sure that you respond appropriately to the poll in this thread. It is very difficult to go through all the posts individually to figure out the total count.
Let us please keep just this single thread active:
http://immigrationvoice.org/forum/showthread.php?p=99731
We need to keep a track of the number of flowers being sent. So if you are sending flowers, then make sure that you respond appropriately to the poll in this thread. It is very difficult to go through all the posts individually to figure out the total count.
Let us please keep just this single thread active:
http://immigrationvoice.org/forum/showthread.php?p=99731
more...
sracharla
08-23 01:04 PM
Yes...LUD on August 8th.
Hi Sracharla,
Congrats on yur EAD.. Did u have a LUD on yur I-140 ???
Thanks,
Hi Sracharla,
Congrats on yur EAD.. Did u have a LUD on yur I-140 ???
Thanks,
belmontboy
09-27 04:42 PM
CO's words have been mostly pessimistic..and upsetting so far...
It's the reality.
It's the reality.
more...
ramus
07-03 12:56 PM
With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.
2010 Cops: LeBron#39;s Mom
summerof98
06-07 08:26 AM
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.
reddymjm,
I thought that we have to send our I-485 applications to NSC regardless of which state you are from.
Is that not true? How come your friend sent it to TSC?
Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?
Thanks.
reddymjm,
I thought that we have to send our I-485 applications to NSC regardless of which state you are from.
Is that not true? How come your friend sent it to TSC?
Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?
Thanks.
more...
akhilmahajan
02-09 12:12 PM
Thanks a lot. Please ask your friends and family to also contribute.
GO IV GO. TOGETHER WE CAN.
GO IV GO. TOGETHER WE CAN.
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pitha
07-08 06:16 PM
As I said dont just take the example I gave, consider all the visa bulletin for the last 30+ years and you will fidn a lot of examples.
Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.
Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.
more...
Imigrait
01-30 03:37 PM
No.
It is customary to put one year expiration for I-94 for AP entry. It does not mean much.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot.
It is customary to put one year expiration for I-94 for AP entry. It does not mean much.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot.
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sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
more...
house hot Lebron James#39; Mother
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.
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aquarianf
04-25 10:27 AM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
more...
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GCStatus
09-16 04:42 PM
Only 2 people stepped up today....
How are we going to reach 1000?
Give it the benefit of the doubt of members not looking. We will wait till Thursday.
How are we going to reach 1000?
Give it the benefit of the doubt of members not looking. We will wait till Thursday.
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gk_2000
09-09 11:04 PM
From all the options we have at hand immediately, I suggest the following to be the quickest and most effective
Chant the mantra "Man Yo Ho Rehna Kyo"
This should be done as many times as possible for 2 weeks
Avoid chanting from 12:00-3:00
Keep in mind the person who you think is the obstacle on your path while chanting
It worked for someone I know. It worked for me. And now to make it work for all of us we all have to chant. Remember, just 2 weeks!
Chant the mantra "Man Yo Ho Rehna Kyo"
This should be done as many times as possible for 2 weeks
Avoid chanting from 12:00-3:00
Keep in mind the person who you think is the obstacle on your path while chanting
It worked for someone I know. It worked for me. And now to make it work for all of us we all have to chant. Remember, just 2 weeks!
more...
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gcboy442
09-11 11:03 PM
Mine was received on July 2nd at 10:25 AM signed by J.Barrett@NSC
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wantgc23
09-09 08:30 PM
EB3 Folks!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
Thanks for the message. For my part, I will do what I can and hold no-one but myself responsible for the situation I am in :)
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
Thanks for the message. For my part, I will do what I can and hold no-one but myself responsible for the situation I am in :)
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rajuseattle
09-24 07:32 PM
Guys,
I received my I-485/EAD/AP receipt notices from NSC, our company attorney filed petitions on august 07th 2007, USCIS receipt notice date is 09/14/2007 and attorney received receipt notices on 09/24/2007.
I am waiting for my copies, but tracking it online using the LIN numbers.
My I-140 pending at TSC on july 13th 2007, LUD on 08/12/2007 but no action after that.
I-485/EAD/AP LUD on 09/18/2007
I received my I-485/EAD/AP receipt notices from NSC, our company attorney filed petitions on august 07th 2007, USCIS receipt notice date is 09/14/2007 and attorney received receipt notices on 09/24/2007.
I am waiting for my copies, but tracking it online using the LIN numbers.
My I-140 pending at TSC on july 13th 2007, LUD on 08/12/2007 but no action after that.
I-485/EAD/AP LUD on 09/18/2007
english_august
07-06 02:59 PM
Alright friends, so we now have a lead item on Times of India on this effort.
http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms
Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?
http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms
Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?
chmur
07-28 12:04 AM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
So what were your expectations from EB3-I in those past years .... to fight for EB2-I and write to USCIS saying please don,t issue GC's to us but instead use those Visas and issue it our EB2 - mates.
Dude ..awesome post
So what were your expectations from EB3-I in those past years .... to fight for EB2-I and write to USCIS saying please don,t issue GC's to us but instead use those Visas and issue it our EB2 - mates.
Dude ..awesome post
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