desi3933
07-09 09:49 PM
Supreet:
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
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anilsal
03-09 12:46 AM
Guys, get a grip on yourself. Volunteer your time for IV. It is both fulfilling and it is for a cause.
Of course being in a state of limbo is not the best thing you planned for, in life. If your spouse is not allowed to work and/or has difficulties coping with stress, just channelize all energy towards IV goals.
Cheer up.
I talked to many important people in IL including state government, university professors who are related to immigration and/or have interest in imm. They are all aware of our problems (hard country limits, spouse/dependents counted in visa numbers etc). It is only the offices of congress reps that show a blank face as far as skilled immigration is concerned.
So I urge you to join your local state chapters and start meeting your reps and/or office staff asap.
Now for those, who are here for a free ride with no progressive work and have not contributed, shame on you and I mean it. :)
Of course being in a state of limbo is not the best thing you planned for, in life. If your spouse is not allowed to work and/or has difficulties coping with stress, just channelize all energy towards IV goals.
Cheer up.
I talked to many important people in IL including state government, university professors who are related to immigration and/or have interest in imm. They are all aware of our problems (hard country limits, spouse/dependents counted in visa numbers etc). It is only the offices of congress reps that show a blank face as far as skilled immigration is concerned.
So I urge you to join your local state chapters and start meeting your reps and/or office staff asap.
Now for those, who are here for a free ride with no progressive work and have not contributed, shame on you and I mean it. :)
avi_ny
08-01 01:09 PM
Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.
Now # of applications are more so it can take more time but your RD will be maintained.
Hope this helps...
My i-140 no. starts with SRC 06, is this also from Texas?
Now # of applications are more so it can take more time but your RD will be maintained.
Hope this helps...
My i-140 no. starts with SRC 06, is this also from Texas?
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gcnoteasy
08-10 12:34 PM
All:
I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.
My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)
As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.
WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.
I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.
My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)
As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.
WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.
more...
NKR
08-18 07:58 AM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
What is your RD?. I think they are going by RD but I am not sure.
my RD is 10th Oct, ,my PD is May 2004.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
What is your RD?. I think they are going by RD but I am not sure.
my RD is 10th Oct, ,my PD is May 2004.
sweet_jungle
11-07 01:13 PM
Thanks much.
What is the email address that you sent this to?
prakash.@dhs.gov
What is the email address that you sent this to?
prakash.@dhs.gov
more...
GreeNever
05-03 10:48 AM
I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.
Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
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eb3_nepa
07-06 09:44 AM
DEAD FISH DEAD FISH!! :p
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theOne
05-08 11:56 PM
Are you sure you can open a business on H1B ?
Thank you,
theOne
--------------------
Donated ~$300 via paypal
Will someone please respond ?
Thank you.
Thank you,
theOne
--------------------
Donated ~$300 via paypal
Will someone please respond ?
Thank you.
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wandmaker
08-14 06:29 PM
Received the Cards - My case details and email sequence updated at - http://immigrationvoice.org/forum/showthread.php?t=20706
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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va_labor2002
06-22 03:22 PM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
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nepaliboy
05-21 07:45 PM
Thanks
but when you can see ?
i see some are posting same day they saw lud but mine is already 24 hours , still nothing going on >
but when you can see ?
i see some are posting same day they saw lud but mine is already 24 hours , still nothing going on >
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tikka
07-09 10:04 AM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
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learning01
06-05 03:35 PM
Is Lin for Lincoln, NB or something like that? Is one I-140 and the other I-485?
Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.
WAC071795xxxx - June 1
WAC071805xxxx - June 2
WAC071815xxxx - June 4
......
LIN071735xxxx - June 1
LIN071745xxxx - June 4
......
Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.
WAC071795xxxx - June 1
WAC071805xxxx - June 2
WAC071815xxxx - June 4
......
LIN071735xxxx - June 1
LIN071745xxxx - June 4
......
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kumar_459
02-18 02:01 PM
I will not be able to attend the effort, so i just donated $100. Paypal transaction : 5G8297179W5987836
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pointlesswait
09-10 02:37 PM
Instead of working on recapture..we must work on filing for 485 even if PD's are not current.. this way.. atleast in this recession ppl can be assured of some piece of mind.
visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.
allowing to file for 485 can be bought back as a temporary relief..we should work on that!
visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.
allowing to file for 485 can be bought back as a temporary relief..we should work on that!
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dealsnet
04-21 07:50 PM
I am shocked to hear the sad news. My god give peace to his wife and his kid. MAY HIS SOUL REST IN PEACE.
His family is a victim of RETROGRESSION. Otherwise they can still live in USA.
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
His family is a victim of RETROGRESSION. Otherwise they can still live in USA.
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
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virtual55
04-30 11:20 AM
Thats Good news
sriwaitingforgc
07-24 11:46 AM
I applied on June 12th, received 13th and notice date June 16th. I see some approvals for those who applied in that time frame and also some pending for those who have receipt date in May. Is the approvals being done randomly?
a2006
05-02 01:57 PM
The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
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