gc2
09-29 05:28 PM
here's what i found browsing the net. hope this helps. not sure if a newer memo has been released
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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desi3933
07-10 03:04 PM
Did you see I said "legally speaking?" If our attorneys answered Yes to the question you mentioned, then according to you they all lied, since "no H-1B job is permanent!"
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
test101
07-08 12:08 PM
I think more than anything we need organization. We need group of volunteers that focused on different tasks. for example a group of people call congress and follow up and post updates.
group of people lead the flower campaign and anther group wrk on informing the media
there should be a group organize the rally and contact people to sponser.
Again avoid the 21 of july because the media would cover HP book instead of the protest.
here is gazalion post of the same subject.. we need organization
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
group of people lead the flower campaign and anther group wrk on informing the media
there should be a group organize the rally and contact people to sponser.
Again avoid the 21 of july because the media would cover HP book instead of the protest.
here is gazalion post of the same subject.. we need organization
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
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sankap
07-10 01:04 AM
[QUOTE=desi3933;486996]1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
more...
GreenMe
07-03 11:34 AM
trust me, everyone will write for 2 days more, then move on... i know that! agar kuch karna hi hotta to apna desh kahaan se kahaan pahunch gaya hotta... apne desh ko to badal nahi sakte idhar kya karengey? hehe
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
Mr. "Imconfused", Please shut your mouth if you are not going to send the flowers. If u think u are not "Bol Bacchan" then why not you send the flowers first.
Others - I have sent the flowers to be delivered on 9th July Monday.
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
Mr. "Imconfused", Please shut your mouth if you are not going to send the flowers. If u think u are not "Bol Bacchan" then why not you send the flowers first.
Others - I have sent the flowers to be delivered on 9th July Monday.
boppana99
08-31 10:22 AM
I have mailed my I-485/EAD/I-131 on July 26th and same were received at NSC on July 27th. I did get the receipt numbers for all the same yesterday. The receipt date is Aug 27th, 2007. I did have an TSC I140.
more...
reedandbamboo
09-13 11:38 PM
I share your concerns .. please join us in first trying the non-legal way .. we have a letter composed and we are going to send it out on monday .. check out the thread "Lets get organized"
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geevikram
07-20 09:40 PM
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
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.
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abhatti
01-30 05:55 PM
I had to travel back home so I called customer service to find out if I could get FP notice earlier so that I could do FP before departure.
Called Customer serivce on November 20th 2007, he generated a SR for me and then there was scilence for next 30 days.
after 30 days exactly on Dec 20th I got a letter saying
"On 11/20/2007 you, or the designated repersentative shown below, contacted us about your case. some of the key information given to us at that time was the following.
..........all the information here for my case/s.............
the status of this service request is:
USCIS service center records show that your finger print results have expired or a clearence has never been received. Fingerprints must be taken at the application support center (ASC) in your area. A notice will be mailed to you indicating a specific time, place and date to appear for biometrics processing at an application support center. All supporting documentation/evidence must be submitted at the time of the ASC appointment."
ever since am waiting for that magical biometrics letter.
Hope it helps
Atif
Called Customer serivce on November 20th 2007, he generated a SR for me and then there was scilence for next 30 days.
after 30 days exactly on Dec 20th I got a letter saying
"On 11/20/2007 you, or the designated repersentative shown below, contacted us about your case. some of the key information given to us at that time was the following.
..........all the information here for my case/s.............
the status of this service request is:
USCIS service center records show that your finger print results have expired or a clearence has never been received. Fingerprints must be taken at the application support center (ASC) in your area. A notice will be mailed to you indicating a specific time, place and date to appear for biometrics processing at an application support center. All supporting documentation/evidence must be submitted at the time of the ASC appointment."
ever since am waiting for that magical biometrics letter.
Hope it helps
Atif
more...
newbie2020
05-07 02:18 PM
USCIS case predictions made easier.... :)
http://www.immigrationwatch.com/immi_predict_form.jsp
Also check out their Application Processing Statistics
http://www.immigrationwatch.com/uscis-processing-statistics.html
Recent Approvals Etc..
http://www.immigrationwatch.com/immi_predict_form.jsp
Also check out their Application Processing Statistics
http://www.immigrationwatch.com/uscis-processing-statistics.html
Recent Approvals Etc..
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amitjoey
07-09 05:14 PM
http://www.youtube.com/watch?v=ovhoH0ZW0No
Please rate it with 5 stars.
Please rate it with 5 stars.
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surabhi
04-23 04:30 PM
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
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gcpool
10-03 06:01 AM
My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?
more...
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hsingh82
11-18 11:07 AM
Dear Friend:
Thank you for contacting me regarding the Development, Relief, and Education for Alien Minors Act of 2009 (DREAM Act). I welcome your thoughts and comments.
On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.
I appreciate hearing from you, and I hope that you will not hesitate to keep in touch on any issue of concern to you.
Sincerely,
Kay Bailey Hutchison
United States Senator
284 Russell Senate Office Building
Washington, DC 20510
202-224-5922 (tel)
202-224-0776 (fax)
United States Senator Kay Bailey Hutchison (http://hutchison.senate.gov)
Thank you for contacting me regarding the Development, Relief, and Education for Alien Minors Act of 2009 (DREAM Act). I welcome your thoughts and comments.
On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.
I appreciate hearing from you, and I hope that you will not hesitate to keep in touch on any issue of concern to you.
Sincerely,
Kay Bailey Hutchison
United States Senator
284 Russell Senate Office Building
Washington, DC 20510
202-224-5922 (tel)
202-224-0776 (fax)
United States Senator Kay Bailey Hutchison (http://hutchison.senate.gov)
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gccovet
08-05 12:40 PM
gccovet,
Was it a random lud ?
Did you have any pending applications like EAD/AP ?
What date did it happen ?
my EAD is still pending. but no lud on EAD cases. just a soft LUD on I-140 on 7/13. Very wired !!
GCCovet
Was it a random lud ?
Did you have any pending applications like EAD/AP ?
What date did it happen ?
my EAD is still pending. but no lud on EAD cases. just a soft LUD on I-140 on 7/13. Very wired !!
GCCovet
more...
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tonyHK12
02-15 09:47 AM
Great initiative IV. Finally signed up for monthly contributions. If that doesn't count towards the event fund, will make a one time contribution as well.
thanks pbuckeye, nandu_k_n.
for pbuckeye - please send all these details to ivcoordinator@gmail.com along with your email and phone.
thats right, only one time contributions are being considered for this event.
thanks pbuckeye, nandu_k_n.
for pbuckeye - please send all these details to ivcoordinator@gmail.com along with your email and phone.
thats right, only one time contributions are being considered for this event.
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Aah_GC
05-19 09:42 PM
Same boat guys. July 07 filer and have not received my FP yet. My lawyer thinks it should not be a problem at all, and I read of a case here who got his GC without ever fingerprinting.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
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imneedy
08-30 08:36 AM
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
msr999
08-18 06:00 AM
I got following emails:
8/14 - Card Production Ordered
8/15 at 9:15 AM - Notice mailed welcoming the new permanent resident
8/15 at 5 PM - Card Production Ordered
Looks like their system is not perfect
8/14 - Card Production Ordered
8/15 at 9:15 AM - Notice mailed welcoming the new permanent resident
8/15 at 5 PM - Card Production Ordered
Looks like their system is not perfect
Edison99
09-23 12:45 PM
Thanks eastindia for the posting Visa Bulletin Predictions and Updates!
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