krishnam70
07-03 12:14 PM
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
good some people are taking notice and doing it.. lets keep it rolling and hope atleast few more add on.. cmon guys its just 35$ after all these years and so much money spent what is 30+ bucks.. I promise I will contribute to IV also regularly... make the noise.. and make sure this thing is mentioned in the blogs too so if people miss it here they will read it there and respond...
good idea prashant
good some people are taking notice and doing it.. lets keep it rolling and hope atleast few more add on.. cmon guys its just 35$ after all these years and so much money spent what is 30+ bucks.. I promise I will contribute to IV also regularly... make the noise.. and make sure this thing is mentioned in the blogs too so if people miss it here they will read it there and respond...
good idea prashant
wallpaper Wholesale Character costume:
gc28262
03-07 11:02 AM
Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
Mohit_Malkani
09-14 06:01 PM
As of September 14, 2007, USCIS has completed data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
California Service Center
Form Number Date Received
I-130 8/08/2007
N-400 7/26/2007
All Other Forms 9/06/2007
Nebraska Service Center
Form Number Date Received
I-131 7/29/2007
I-140 7/29/2007
I-485 Employment
Based 7/29/2007
I-765 7/29/2007
N-400 7/26/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 7/19/2007
I-140 8/13/2007
I-140 concurrently filed
with I-485 7/19/2007
I-485 Employment
Based 7/19/2007
I-765 7/19/2007
N-400 7/16/2007
All Other Forms 9/11/2007
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 9/4/2007
USCIS Lockbox
Form Number Date Received
I-485 Family Based 8/30/2007
TPS 8/26/2007
TEXAS center is catching up!!!!:D
California Service Center
Form Number Date Received
I-130 8/08/2007
N-400 7/26/2007
All Other Forms 9/06/2007
Nebraska Service Center
Form Number Date Received
I-131 7/29/2007
I-140 7/29/2007
I-485 Employment
Based 7/29/2007
I-765 7/29/2007
N-400 7/26/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 7/19/2007
I-140 8/13/2007
I-140 concurrently filed
with I-485 7/19/2007
I-485 Employment
Based 7/19/2007
I-765 7/19/2007
N-400 7/16/2007
All Other Forms 9/11/2007
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 9/4/2007
USCIS Lockbox
Form Number Date Received
I-485 Family Based 8/30/2007
TPS 8/26/2007
TEXAS center is catching up!!!!:D
2011 Cartoon Character Costume
alterego
10-05 12:11 PM
Firstly let me say that the Dems taking the house is the only hope I see for change near term. If the Republicans take it then they will feel vindicated on their stand and stick to it especially in view of the current unpopularity of Pres. Bush.
Democrats normally sing the tune of organised labour on such issues. Organised labour is clear that they want the immigrants that come not to be exploited. In otherwords, if you let them come then treat them well as they are now part of the labour pool. This idea has some intrinsic merit. If you analyse things, it is usually during the long drawn out protracted green card process that unscrupulous employers take the most advantage.
Indeed the deluge of illegals will be a blight on the processing times, however without visa numbers there is absolutely no hope for EB India in the near term anyway. We have to hope for the lesser of two evils now.
Sen Byron Dorgan is always on Lou Dobbs show. He does not represent the majority view of the democratic party. I think he is making all sorts of noises to fight for his political life.
Democrats normally sing the tune of organised labour on such issues. Organised labour is clear that they want the immigrants that come not to be exploited. In otherwords, if you let them come then treat them well as they are now part of the labour pool. This idea has some intrinsic merit. If you analyse things, it is usually during the long drawn out protracted green card process that unscrupulous employers take the most advantage.
Indeed the deluge of illegals will be a blight on the processing times, however without visa numbers there is absolutely no hope for EB India in the near term anyway. We have to hope for the lesser of two evils now.
Sen Byron Dorgan is always on Lou Dobbs show. He does not represent the majority view of the democratic party. I think he is making all sorts of noises to fight for his political life.
more...
gc28262
06-28 01:02 PM
Java Developer with Websphere (U.S. Citizen and Green Card Holder) jobs - Dice.com (http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/8/1/81e683aef75162fdf78440e5f0d831c5@endecaindex&source=19&FREE_TEXT=Citizen&rating=99)
Title: Java Developer with Websphere (U.S. Citizen and Green Card Holder)
Skills: Java Developer with Websphere
Date: 6-8-2009
Description: **********U.S. Citizen and Green Card Holder Only*********
Interview Process: In-person interview after telephonic round.
Bachelor*s degree in Computer Science, Information Systems or related major (preferred)
- 7+ years of enterprise-level programming with multiple technology platforms with a concentrated focus on Websphere Portal (v6 and above) and Java development (required)
- Experience working with projects of moderate to high complexity (required)
- Strong understanding of Portlet technologies and practical hands-on experience developing and delivering JSR 168 Portlet solutions. (required)
- Understanding of emerging standards such as JSR286 (preferred)
- Ability to customize WebSphere portal themes and skins (strongly preferred)
- Exposure to AJAX development (preferred)
- Proficiency in Native Java, J2EE, JDBC, JSP, Multiple browser development (IE 6/7, Firefox) (required)
- Experience in web development technologies including Javascript, HTML, XML, XSLT, CSS (required)
- Experience deploying portal applications using XMLAccess (required)
- Working knowledge of web content management concepts (required)
- Working knowledge of workflow concepts (required)
- Troubleshooting skills * ability to resolve technical issues through research, debugging and investigation as well as the ability to multitask, prioritize, show initiative and respond quickly in a fast paced environment (required)
- Sun Java Certification (preferred)
- Exposure to Logging code, Log4J, Ant Scripts, JUnit (preferred)
- Knowledge of Eclipse, RAD or other IDE*s (preferred)
- Microsoft SQL Server (Versions 2000 & 2005) development, including SQL Server Integration Services, and administration (required)
- Deploy and manage application on WebSphere/HTTP Server (strongly preferred)
- Experience with Lotus Notes, as well as developing and integrating Lotus Connections (to include the configuration of Connections Portlets on a page) within a Portal application (strongly preferred)
- Proven ability and willingness to learn new open source middleware technologies
- Graphic design skills and knowledge of tools such as Adobe Photoshop (preferred)
- Experience with Adobe ColdFusion (Version 8)(strongly preferred)
- Demonstrated ability to work independently on assignments (required)
- Occasional overnight travel (required)
- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
GTRAS Inc. is Equal Employer Opportunity Company
Email resume at stephen@gtras.com
Stephen Smith
Gtras, Inc
Phone: (703) 342-4282 ext: 113
Web: http://www.gtras.com (http://www.gtras.com/)
Title: Java Developer with Websphere (U.S. Citizen and Green Card Holder)
Skills: Java Developer with Websphere
Date: 6-8-2009
Description: **********U.S. Citizen and Green Card Holder Only*********
Interview Process: In-person interview after telephonic round.
Bachelor*s degree in Computer Science, Information Systems or related major (preferred)
- 7+ years of enterprise-level programming with multiple technology platforms with a concentrated focus on Websphere Portal (v6 and above) and Java development (required)
- Experience working with projects of moderate to high complexity (required)
- Strong understanding of Portlet technologies and practical hands-on experience developing and delivering JSR 168 Portlet solutions. (required)
- Understanding of emerging standards such as JSR286 (preferred)
- Ability to customize WebSphere portal themes and skins (strongly preferred)
- Exposure to AJAX development (preferred)
- Proficiency in Native Java, J2EE, JDBC, JSP, Multiple browser development (IE 6/7, Firefox) (required)
- Experience in web development technologies including Javascript, HTML, XML, XSLT, CSS (required)
- Experience deploying portal applications using XMLAccess (required)
- Working knowledge of web content management concepts (required)
- Working knowledge of workflow concepts (required)
- Troubleshooting skills * ability to resolve technical issues through research, debugging and investigation as well as the ability to multitask, prioritize, show initiative and respond quickly in a fast paced environment (required)
- Sun Java Certification (preferred)
- Exposure to Logging code, Log4J, Ant Scripts, JUnit (preferred)
- Knowledge of Eclipse, RAD or other IDE*s (preferred)
- Microsoft SQL Server (Versions 2000 & 2005) development, including SQL Server Integration Services, and administration (required)
- Deploy and manage application on WebSphere/HTTP Server (strongly preferred)
- Experience with Lotus Notes, as well as developing and integrating Lotus Connections (to include the configuration of Connections Portlets on a page) within a Portal application (strongly preferred)
- Proven ability and willingness to learn new open source middleware technologies
- Graphic design skills and knowledge of tools such as Adobe Photoshop (preferred)
- Experience with Adobe ColdFusion (Version 8)(strongly preferred)
- Demonstrated ability to work independently on assignments (required)
- Occasional overnight travel (required)
- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
GTRAS Inc. is Equal Employer Opportunity Company
Email resume at stephen@gtras.com
Stephen Smith
Gtras, Inc
Phone: (703) 342-4282 ext: 113
Web: http://www.gtras.com (http://www.gtras.com/)
immigrationmatters30
11-17 06:30 PM
Done
more...
texcan
08-25 01:49 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
Congrats on EAD renewal. Enjoy and relax; please donot get in habbit of worry for anything and everything.
Anyways, paper based ead renewal donot require finger prints. Search the forum, this has been stated many time.
chill
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
Congrats on EAD renewal. Enjoy and relax; please donot get in habbit of worry for anything and everything.
Anyways, paper based ead renewal donot require finger prints. Search the forum, this has been stated many time.
chill
2010 Child - Cartoon Characters
dtekkedil
07-02 11:51 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
more...
bheemi
06-21 02:02 PM
I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
hair Costumes/Cartoon Character
EndlessWait
07-20 11:41 AM
So pls contribute.
I pledge $100.
I pledge $100.
more...
snathan
02-25 10:03 PM
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.
hot up as cartoon characters,
gcgonewild
09-15 05:38 PM
I 've sent pm.. please update the google doc.
more...
house costume cartoon character
PHANI_TAVVALA
02-14 03:38 PM
Web Accept Payment Sent (Unique Transaction ID #3D549434CG194093F)
Original Transaction
Date Type Status Details Amount
Feb 14, 2011 Payment To Immigration Voice Completed ... -$50.00 USD
Original Transaction
Date Type Status Details Amount
Feb 14, 2011 Payment To Immigration Voice Completed ... -$50.00 USD
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gvenkat
09-10 03:47 PM
Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).
I feel IV has to concentrate on EB3 now. Period.
It's simple. USCIS needs to understand it's just a plastic card and nothing else. People who have applied are going to be here no matter what.The return percentage is going to be less.
The sad part is we are treated as citizens on all aspects. Social security, Medicare, Taxes, etc. etc. But not in the real sense. So US should realsise its after all a card and some benefits to the people things wont change. No amount of lobbying to fix the whole problem is going to help. The effort has to be concentrated just for EB3-Indians. Then we can expect some relief. Becasue we are talking about people who have been wwaiting for more than 8-10 years.
In India Lifesentences in prisons dont last more than 14 years. we could beat that record here. :)
I feel IV has to concentrate on EB3 now. Period.
It's simple. USCIS needs to understand it's just a plastic card and nothing else. People who have applied are going to be here no matter what.The return percentage is going to be less.
The sad part is we are treated as citizens on all aspects. Social security, Medicare, Taxes, etc. etc. But not in the real sense. So US should realsise its after all a card and some benefits to the people things wont change. No amount of lobbying to fix the whole problem is going to help. The effort has to be concentrated just for EB3-Indians. Then we can expect some relief. Becasue we are talking about people who have been wwaiting for more than 8-10 years.
In India Lifesentences in prisons dont last more than 14 years. we could beat that record here. :)
more...
pictures The Cartoon Character Costume
ras
11-22 02:44 AM
It's definetly a shock and an usual post on these forums. I am spellbound by the support you are getting from the forum members. I am seeing the humanitarian attitude all around praying for your health. This should bring change about the way you think about your health. You are fighting against an enemy- the prognosis you got from the doctors. The only option left for you is winning against the enemy no matter what it takes. The foremost thought you should inculcate is that you are winning against the enemy. That's it. I believe the will power will definetly take you out of the fatal disease.
I know it is hard but try concentrating more on your health than other things including your family members. Hopefully generous IV members will do something for your family which probably can be done in our limits. Whereas it is you who has to fight against the disease and so you got to take care of your health first.
My best wishes are with you.
I know it is hard but try concentrating more on your health than other things including your family members. Hopefully generous IV members will do something for your family which probably can be done in our limits. Whereas it is you who has to fight against the disease and so you got to take care of your health first.
My best wishes are with you.
dresses Cartoon Character
vicks_don
04-21 09:48 AM
Job title - doesnt matter but your job duties or job description matters.
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
If I get a RFE on Salary comparision would that be a problem as my salary would increase more than 30%. Will they not take into account that my salary should eventually go up with my years of experience ?
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
If I get a RFE on Salary comparision would that be a problem as my salary would increase more than 30%. Will they not take into account that my salary should eventually go up with my years of experience ?
more...
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pd052009
11-17 03:28 PM
Sent to Sen. and Rep. of NC.
girlfriend Cartoon Character Costume
buddyinsd
08-26 02:36 PM
All the wait for nothing? SUCKS BIG TIME
May be avoid and defer..
May be avoid and defer..
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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.
Be_Pragmatic
08-06 11:11 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
InTheMoment
08-10 09:37 PM
Congratulations !! Wish there was a "welcome kit" buddy ... but all you will receive is an I-797 ...welcome notice :)
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.
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.
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