unitednations
08-25 03:15 AM
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.
In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.
In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.
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PresidentO
02-26 01:12 PM
Thanks Akhil for the write up
You answered some of the stuff very nice.
To the guy who is MAD,
Be MAD that you and your friends chose to ignore IV during the biggest screw up of USCIS.
It sounded very condescending that they are ready to give 1000USD now, when they are probably feeling the pinch, and ignored any efforts before/during/after the fiasco.
I did not say this the first time but now I can say this. People who say I will give 1000$ to IV, 10000$ to IV or the big amounts think that they are playing carrots and sticks. So you want the core members to come out and lay out the strategy on which member of congress is sympathetic to the situation and might do some thing. Yeah! right. Let the tunnel rat guy go and tell every guild, numbers usa idiot that what IV is up to.
Money is one of the pieces of this effort. Grass roots efforts are another piece. As Akhil said, people who work at the grass roots efforts dont have the shareholder or value for my buck mentality. Also, my friend, in the current volatile environment, problems do not blaring horns out for you and me. I am still amazed how two reporters sensationally linked H1B and Banking industry to get a bill on the floor. It is those two reporters who called Grassley and ignited his draconian mind.
Watch out what kind of reports are going to run in Mar and Moira Herbst already reported a bill in works by Durbin and Grassley. D & G will attempt to remove the 6th year extensions no matter what, revoke some of the AC21 provisions and god knows what they are penning down now. Then all of us, those who are sleeping, those who are pretending to sleep can wake up for real.
It is a shame that our community will flock to Bollywood/Kollywood/Tollywood events and shell out 20-50 $ per seat but considers contributing to IV as some thing that needs to be seen through the magnifying lens 100 times.
You answered some of the stuff very nice.
To the guy who is MAD,
Be MAD that you and your friends chose to ignore IV during the biggest screw up of USCIS.
It sounded very condescending that they are ready to give 1000USD now, when they are probably feeling the pinch, and ignored any efforts before/during/after the fiasco.
I did not say this the first time but now I can say this. People who say I will give 1000$ to IV, 10000$ to IV or the big amounts think that they are playing carrots and sticks. So you want the core members to come out and lay out the strategy on which member of congress is sympathetic to the situation and might do some thing. Yeah! right. Let the tunnel rat guy go and tell every guild, numbers usa idiot that what IV is up to.
Money is one of the pieces of this effort. Grass roots efforts are another piece. As Akhil said, people who work at the grass roots efforts dont have the shareholder or value for my buck mentality. Also, my friend, in the current volatile environment, problems do not blaring horns out for you and me. I am still amazed how two reporters sensationally linked H1B and Banking industry to get a bill on the floor. It is those two reporters who called Grassley and ignited his draconian mind.
Watch out what kind of reports are going to run in Mar and Moira Herbst already reported a bill in works by Durbin and Grassley. D & G will attempt to remove the 6th year extensions no matter what, revoke some of the AC21 provisions and god knows what they are penning down now. Then all of us, those who are sleeping, those who are pretending to sleep can wake up for real.
It is a shame that our community will flock to Bollywood/Kollywood/Tollywood events and shell out 20-50 $ per seat but considers contributing to IV as some thing that needs to be seen through the magnifying lens 100 times.
sankap
07-10 12:57 PM
@desi3933:
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.
AC-21 is not just for changing GC employer.
Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.
AC-21 is not just for changing GC employer.
Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
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delax
12-17 10:18 AM
Was a little disillusioned with the whole name check process and I called USCIS yesterday. My wife cleared her name check, but mine is pending. It was initiated for both of us on Sept 26. I am not worried at all although it would not be true if I said that I was never worried.
This is an irrational, unscientific and to a great extent arbitrary process - and by that I mean the entire green card process. Added to that is the never ending desire to beat the process - read labor substitution and PD porting. I have neither tried it nor do I intend to do it. Before people start piling on and I get accused of a holier than thou attitude, I am only expressing an opinion (not a value judgement) in an open forum. The last time I checked, a forum was meant to do just that.
Objectively thinking my emotional stability and that of my family is a lot dearer than a piece of plastic, especially when none of the steps in the process are within my control.
Yes I can contribute, lobby, send letters etc and make an attempt to get the process under my control - but I think its an indvidual decision whether someone wants to contribute, lobby, write letters etc - I did attend the DC rally though. Obviously the opportunity to express my opinion here has been provided by IV and I am grateful for that.
All that I care about right now is to make sure my wife graduates from school, is able to work, we can travel as a family and enjoy this country. The rest is like trying to find two grains of wheat in two bushels of chaff.
Just my 2 cents - Good luck with your green card process.
This is an irrational, unscientific and to a great extent arbitrary process - and by that I mean the entire green card process. Added to that is the never ending desire to beat the process - read labor substitution and PD porting. I have neither tried it nor do I intend to do it. Before people start piling on and I get accused of a holier than thou attitude, I am only expressing an opinion (not a value judgement) in an open forum. The last time I checked, a forum was meant to do just that.
Objectively thinking my emotional stability and that of my family is a lot dearer than a piece of plastic, especially when none of the steps in the process are within my control.
Yes I can contribute, lobby, send letters etc and make an attempt to get the process under my control - but I think its an indvidual decision whether someone wants to contribute, lobby, write letters etc - I did attend the DC rally though. Obviously the opportunity to express my opinion here has been provided by IV and I am grateful for that.
All that I care about right now is to make sure my wife graduates from school, is able to work, we can travel as a family and enjoy this country. The rest is like trying to find two grains of wheat in two bushels of chaff.
Just my 2 cents - Good luck with your green card process.
more...
nkavjs
09-12 01:46 PM
My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
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simple1
05-01 03:34 PM
I just donated, my id is not reflecting it.
Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.
Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.
more...
hiUS
09-03 10:26 AM
My order so far is follows
Aug 12 8AM - Email -> Notice mailed welcoming the new permanent resident.
Aug 12 9PM - Email -> Card production ordered.
Aug 15 - Email -> Approval notice sent (for ME)
Aug 18 - Email -> Approval notice sent for Spouse
Aug 18 - Received I-797C Approval Notice for both me and spouse by USPS. In fact i received 3 original copies of the same approval for me and only 1 for my spouse.
Still waiting for the actual cards to come.
I am exactly in the same situation...Did you receive them by now?
My Details:
On 8/12/08, I saw the message "Approval Notice Sent" on USCS site for me and my wife. There was no sequence for us like Welcome Notice...Card Production ordered...Approval Notice....The first and only message was Approval notice sent.
So,
On 08/18/08 myself and my wife received the mail(post) of approval notice but we did not get the cards. Generally till now what I heard and saw in forums is....when we see the message "Approval notice sent" in the USCIS site, every body got their cards in a week after that message.
But for us we got only notices saying that it is approved and the message on the Notice says
"The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date time and location to appear.
If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed below"
Please do let me know if any body in the same situation and do we need to do any thing for it.
Aug 12 8AM - Email -> Notice mailed welcoming the new permanent resident.
Aug 12 9PM - Email -> Card production ordered.
Aug 15 - Email -> Approval notice sent (for ME)
Aug 18 - Email -> Approval notice sent for Spouse
Aug 18 - Received I-797C Approval Notice for both me and spouse by USPS. In fact i received 3 original copies of the same approval for me and only 1 for my spouse.
Still waiting for the actual cards to come.
I am exactly in the same situation...Did you receive them by now?
My Details:
On 8/12/08, I saw the message "Approval Notice Sent" on USCS site for me and my wife. There was no sequence for us like Welcome Notice...Card Production ordered...Approval Notice....The first and only message was Approval notice sent.
So,
On 08/18/08 myself and my wife received the mail(post) of approval notice but we did not get the cards. Generally till now what I heard and saw in forums is....when we see the message "Approval notice sent" in the USCIS site, every body got their cards in a week after that message.
But for us we got only notices saying that it is approved and the message on the Notice says
"The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date time and location to appear.
If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed below"
Please do let me know if any body in the same situation and do we need to do any thing for it.
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belmontboy
02-10 12:14 AM
very childish!!!how old are you ?
Is this the best you got??
C'mon kiddo
Is this the best you got??
C'mon kiddo
more...
vinabath
04-24 09:45 AM
In ideal situation Desi employer should provide value rather than just scrape money as revenue sharing mechanism.
If a desi employer can go and get projects and becomes preferred vendor, he would not even do H-1s. He will use a Sub. Believe me H-1B visa is a pain in the ass even for the employer too.
There is a reason desi employers exist. both the desi employers and desi employees pick the best possible scenario/solution with respect to their situation.
If a desi employer can go and get projects and becomes preferred vendor, he would not even do H-1s. He will use a Sub. Believe me H-1B visa is a pain in the ass even for the employer too.
There is a reason desi employers exist. both the desi employers and desi employees pick the best possible scenario/solution with respect to their situation.
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dtekkedil
07-04 06:57 PM
Can someone with a paypal account come forward and take over a fund? Anyone with a paypal account can donate any amount using a nickname and we can publish the nickname along with the amount donated on this thread. That way we have accountability and also have a better idea of how many flowers we can send. That person with the paypal account can then order the flowers on Saturday by the latest.
Others, if they want, can send the flowers on their own also.
Just a suggestion... If we can do this, I believe more people will come forward!
Anyone who has donated to IV should be able to do this...
Others, if they want, can send the flowers on their own also.
Just a suggestion... If we can do this, I believe more people will come forward!
Anyone who has donated to IV should be able to do this...
more...
chanduv23
08-26 12:51 PM
May be not true, my case assgined to officer on june 29th and no news yet. But I wish Ski_dude12 good luck.
Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.
Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.
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Jimi_Hendrix
10-17 01:47 PM
you made two critical assumptions to support your claim:
1) Since responses and postings of key members are sparse, they are working day and night on getting the immigration reforms through
2) If key members post on these forums, they will necessarily post half baked news which causes excitement.
Apparently you completely missed the point. I am asking core members to participate in discussion on these forums, not to put sensational headlines that excites people. Hope that helps.
1) Since responses and postings of key members are sparse, they are working day and night on getting the immigration reforms through
2) If key members post on these forums, they will necessarily post half baked news which causes excitement.
Apparently you completely missed the point. I am asking core members to participate in discussion on these forums, not to put sensational headlines that excites people. Hope that helps.
more...
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pappu
02-01 09:42 AM
IV effort needs 50 thousand dollars to make sure we can meet our immediate needs and also make a big impact via this advocacy day event. There are several large and small expenses like booking hotel conference room near Capitol hill for organizing the event/situation room, Organizing reception for lawmakers, their staffers, and administration officials to attend, creating advocacy packets for each appointment taken, advocacy firm fees for helping out with a large event like this etc. We can plan more ideas like Press briefing event, full page ads in national newspapers if we can have sufficient resources. This event will most certainly bring our issues to the national center stage and help us get much needed immigration relief in the months ahead. IV is starting this campaign ahead of time to better plan and execute our advocacy day (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html).
We are a small grassroots organization with a strong resolve and when we all pool in our energies, intelligence and resources; we can all collectively create wonders. We do not want our limited funds to stop us from going all out. Despite our full time jobs, IV core is committed to work harder and we are happy to have the asset of a large IV community to support us in this mammoth task.
This post is to urge everyone to come forward and help yourself in this short term funding drive. If you have not contributed till now, please consider contributing. If you cannot make it to DC due to personal or professional reasons then do show your admiration for our effort. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort. Times are tough for any immigration relief and in tough times we have to work harder to get anything done. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of community effort. It is up to each member if you feel from your heart to contribute towards this cause. If you decide to contribute, you can either easily contribute via our website page (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) or you could send us a check. We suggest individual contributions of $50/$100 to cover the cost of this event.
Checks can be mailed to
Immigration Voice
3561 Homestead Rd #375
Santa Clara, CA 95051
We request each and every member reading this post to please contribute and post your donation amount on this thread for tracking purposes. We will continue to post updates that will make us all feel proud and part of this organization. Thank you for your support. Please keep it up.
Volunteers who want to keep track of the contributions and provide encouragement, please contact me.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thanks
Team Immigration Voice
We are a small grassroots organization with a strong resolve and when we all pool in our energies, intelligence and resources; we can all collectively create wonders. We do not want our limited funds to stop us from going all out. Despite our full time jobs, IV core is committed to work harder and we are happy to have the asset of a large IV community to support us in this mammoth task.
This post is to urge everyone to come forward and help yourself in this short term funding drive. If you have not contributed till now, please consider contributing. If you cannot make it to DC due to personal or professional reasons then do show your admiration for our effort. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort. Times are tough for any immigration relief and in tough times we have to work harder to get anything done. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of community effort. It is up to each member if you feel from your heart to contribute towards this cause. If you decide to contribute, you can either easily contribute via our website page (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) or you could send us a check. We suggest individual contributions of $50/$100 to cover the cost of this event.
Checks can be mailed to
Immigration Voice
3561 Homestead Rd #375
Santa Clara, CA 95051
We request each and every member reading this post to please contribute and post your donation amount on this thread for tracking purposes. We will continue to post updates that will make us all feel proud and part of this organization. Thank you for your support. Please keep it up.
Volunteers who want to keep track of the contributions and provide encouragement, please contact me.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thanks
Team Immigration Voice
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485Mbe4001
10-27 02:10 PM
I agree with you on this kaka. I heard Ed Royce speak yesterday on how the house forced the fence bill without amnesty and how they plan on killing that bill. He even talked on on how they managed to force the president to have a pulblic ceremony to sign the bill instead of a small private one that the white house wanted. There is little hope that he and people like him will ever vote on anything that supports our requirements, even if the democrats win the house they will need lots of republican support to pass anything. Skill will always be linked to CIR.
Dont worry . it is not going to pass
Dont worry . it is not going to pass
more...
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LONGGCQUE
11-17 03:19 PM
Done. Will be sending messages to my freinds
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eb2dec2005
09-15 01:18 PM
First step - Gather information and strengthen the support. Once we reach a ballpark, arrange meetings, conference calls
Finalise a lawyer ( MadhUVJ - has great suggestions on it )
Preparing an Action Plan, will be out soon.
Man-Woman-GC is gathering details.
Please join us in this effort
hi,
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
Finalise a lawyer ( MadhUVJ - has great suggestions on it )
Preparing an Action Plan, will be out soon.
Man-Woman-GC is gathering details.
Please join us in this effort
hi,
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
more...
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saratswain
05-05 11:11 PM
Please tell me, why are you so frustrated ? Because you are not able to live as comfortable life as you desire ? Most of you are highly educated, if you go back to India you will be among the top 2-3% of population. But you do not want to, you have personal reasons, you have many other things not to go back.
How justified some of us are when we say, we paused our life because of we do not have green card ? If we do have this mentality, then we need to grow up. And yes, we need to look back to India where more than 40% people live below poverty line.
If you believe in God, then thank him that he even gave you an opportunity to make yourself better financially. If you do not believe in God then thank your luck. But be thankful.
-Thank you.
Hope everyone gets what is best for him/her.
(I am in H1B for last 7 yrs and have applied GC- waiting)
How justified some of us are when we say, we paused our life because of we do not have green card ? If we do have this mentality, then we need to grow up. And yes, we need to look back to India where more than 40% people live below poverty line.
If you believe in God, then thank him that he even gave you an opportunity to make yourself better financially. If you do not believe in God then thank your luck. But be thankful.
-Thank you.
Hope everyone gets what is best for him/her.
(I am in H1B for last 7 yrs and have applied GC- waiting)
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11-17 03:27 PM
Done
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Navkcl
10-01 10:18 AM
Except EAD checks, cashed all other checks on 9/20/2007(FP,485, AP and I have the receipt numbers). Does any body have similar issue...?
What should I do now? Wait some more time...?
I cantacted my attoerny he said wait some time....
Thanks
Kumar
What should I do now? Wait some more time...?
I cantacted my attoerny he said wait some time....
Thanks
Kumar
Canadianindian
07-06 05:21 PM
Can someone organize something in NY/NJ?
I am in for NY/NJ. Can also muster about 10 ppl or more.
I am in for NY/NJ. Can also muster about 10 ppl or more.
supreet
07-08 04:02 PM
Hello All,
After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.
Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?
OR
Is being on 1099 while on EAD a bad idea and I should stay away from it?
Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.
Thanks all for you replies!!!
- S
After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.
Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?
OR
Is being on 1099 while on EAD a bad idea and I should stay away from it?
Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.
Thanks all for you replies!!!
- S
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