sangmami
07-02 08:49 AM
mine at local fedex facility at 8.05am at nebraska
wallpaper I miss you every single day,
jasmin45
07-11 08:26 PM
Excellent Dude! .. that is what we need to do... youtube/google all the videos related to this campaign.... Few areas of improvements to be noted synchronization between visuals and the vocals... and it also ended abruptly..
If possible, please try to get this straight and youtube it again...
If possible, please try to get this straight and youtube it again...
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.
2011 quot;Miss! You can#39;t take photos here!quot; (Sad face) quot;Just kidding!
fetch_gc
11-21 08:30 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
HI MEHUL,
Very sorry to hear about your situation.
I have done some research and the closest thing that I came across is as below: BUT PLEASE NOTE THAT IT IS FOR a NON-CITIZEN applying for AOS based on getting married to US CITIZEN. I think there should be some sort of WAIVER for non-immigrant derivatives category as well.
"
Waiver of joint petition requirement: If the marriage has terminated by reason of divorce, death of citizen spouse, or spousal abuse, the non-citizen spouse may apply for a waiver of the joint petition requirement.
"
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
HI MEHUL,
Very sorry to hear about your situation.
I have done some research and the closest thing that I came across is as below: BUT PLEASE NOTE THAT IT IS FOR a NON-CITIZEN applying for AOS based on getting married to US CITIZEN. I think there should be some sort of WAIVER for non-immigrant derivatives category as well.
"
Waiver of joint petition requirement: If the marriage has terminated by reason of divorce, death of citizen spouse, or spousal abuse, the non-citizen spouse may apply for a waiver of the joint petition requirement.
"
more...
JImmigrant
08-31 02:23 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Get well soon
Get well soon
wait_2010
02-25 01:06 PM
Cannot make it to DC..Contributed $100 with tran ID 0941-3918-8124-2866..Thanks to all who are going there..
Reaching out to friends to get more contributions
Gud luck to us all
Additionally , I saw a post about "5 reasons to not contribute" that was a gud one. I will bump that one up ...I am surprised that we cant get a 1000 people to contribute some money..An avg of $50 will get us beyond $50,000 (Obviously we dont need even 1000 people because many will contribute 100 or more) ..There just too many leaches who wait for others to do thier job..
Reaching out to friends to get more contributions
Gud luck to us all
Additionally , I saw a post about "5 reasons to not contribute" that was a gud one. I will bump that one up ...I am surprised that we cant get a 1000 people to contribute some money..An avg of $50 will get us beyond $50,000 (Obviously we dont need even 1000 people because many will contribute 100 or more) ..There just too many leaches who wait for others to do thier job..
more...
FinalGC
07-09 01:34 PM
The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.
2010 He#39;ll miss you. You#39;re the
rameshk75
08-26 08:54 AM
http://www.immigrationportal.com/showthread.php?t=282435
http://www.immigrationportal.com/showthread.php?t=284815
There were so many rejected L1 Individual petitions filed by TCS/Infy/Wipro etc.. These big companies will include all the internal tools in the resumes and INS asked for the purchase orders for all the specialised tools.
As there were no PO's for those tools, petitions were rejected in large numbers. This has started in the last year and continuing... i personally have lot of friends whose petitions were rejected and went back to India..
http://www.immigrationportal.com/showthread.php?t=284815
There were so many rejected L1 Individual petitions filed by TCS/Infy/Wipro etc.. These big companies will include all the internal tools in the resumes and INS asked for the purchase orders for all the specialised tools.
As there were no PO's for those tools, petitions were rejected in large numbers. This has started in the last year and continuing... i personally have lot of friends whose petitions were rejected and went back to India..
more...
stldude
08-13 03:10 PM
Guys
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
hair Sending you new year#39;s kisses
GCBy3000
06-05 10:03 AM
Is there premium for I485?
My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.
My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.
more...
![Miss You Sad Face. Spoiler [We#39;ll miss you] +](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_tqlLDo4O2AvEwF5VwYw0KuSsPtCq__tyjKpPpZbR4jNen7gj_-bV4kmN2iZyfK61vPL4bsziyZIpljwII85TiYO-JL1Frv5aGMcWlwBDlH-mnGCyoH2hTlfEBKPQ=s0-d "Spoiler [We#39;ll miss you] +")
gondalguru
08-06 11:18 PM
My Wife's & my AP expires on 11/16/2008 and she is coming back to the States from India on Sep 9th 2008, I'm assuming her I94 would be only issued till 11/16/2008. We are then planning to apply for EAD/AP renewal , that is, after Sep 9th 2008 and my question is what is she doesn't get her renewed AP approved before 11/16/2007 (which again I'm assuming would be the date on I94 valifity) and would that make her out of status? I hope this helps
Most likely her I-94 will be stamped for one year. As long as her I-485 is pending she will not be out of status.
Most likely her I-94 will be stamped for one year. As long as her I-485 is pending she will not be out of status.
hot “we miss you and you are in a
ash0210
03-09 12:08 PM
Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...
Still feels that GC is just a part of journey of my life...
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
Still feels that GC is just a part of journey of my life...
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
more...
house tattoo Sad+clowns+faces sad
h1techSlave
07-20 12:43 PM
If I simplify the whole attitude of IV members; it would be "EB3 is hopeless; EB2 doesn't need any help".
The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?
As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.
The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?
As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.
tattoo lt;3 R.I.P My Love I miss you
hmehta
07-20 12:45 AM
I pledge to contribute $100.
more...
pictures sad smiley, free smiley face
satishku_2000
06-09 03:21 PM
I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:
dresses quot;Miss! You can#39;t take photos here!quot; (Sad face) quot;Just kidding!
GCmuddu_H1BVaddu
09-09 07:44 PM
is there any way I can give myself red?
so called active member!!!!!!. Did u wake up after your PD is current and looking for suggestions??? ha. One of those hippocratic persons.
I am talking to you l
so called active member!!!!!!. Did u wake up after your PD is current and looking for suggestions??? ha. One of those hippocratic persons.
I am talking to you l
more...
makeup I miss you so much, John!
TheOmbudsman
10-26 11:40 AM
Hi Pineapple,
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
girlfriend a miss you 12:02pm
garybanz
12-17 10:38 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Switch to EAD...and stop worrying about GC
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Switch to EAD...and stop worrying about GC
hairstyles Spoiler [We#39;ll miss you] +
needhelp!
02-26 01:56 PM
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
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.
PDOCT05
10-03 02:31 PM
I just called USCIS and IO said they just started entering data to the applications for july 2nd and 3rd filers..we can expect some thing in next 10 days...:):p
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