Administrator2
09-23 05:55 PM
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
You can think what you want. Most of IV core is/was Eb3. But never ever have anyone here sided with any one category. Maybe that's why a few good men rose above this small thinking, and they had the courage to join the core team for representing entire EB.
You can bicker as much as you want but you do not represent Eb2. As few days back there were a few claiming to be in Eb3 and they were blaming IV for working only for Eb2. These guys can also bicker as much as they want and they don't represent Eb3 either.
IV functions and represents the collective issues of the entire EB community without any regard to any amount of bickering from anyone in either Eb2 or Eb3 or India or China or ROW or any other group. You can say what you want but it won't stick. Our goal is clearly accessible from the homepage. If you don't agree with our goals, feel free to take this bickering somewhere else.
Just to be clear, you can say what you want but we don't think its your lunch.
You can think what you want. Most of IV core is/was Eb3. But never ever have anyone here sided with any one category. Maybe that's why a few good men rose above this small thinking, and they had the courage to join the core team for representing entire EB.
You can bicker as much as you want but you do not represent Eb2. As few days back there were a few claiming to be in Eb3 and they were blaming IV for working only for Eb2. These guys can also bicker as much as they want and they don't represent Eb3 either.
IV functions and represents the collective issues of the entire EB community without any regard to any amount of bickering from anyone in either Eb2 or Eb3 or India or China or ROW or any other group. You can say what you want but it won't stick. Our goal is clearly accessible from the homepage. If you don't agree with our goals, feel free to take this bickering somewhere else.
Just to be clear, you can say what you want but we don't think its your lunch.
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GCKaIntezar
05-23 12:21 PM
Emails sent to 2 NJ senators + 10 others Logiclife mentioned.
Go IV.
Go IV.
rbharol
10-30 12:00 PM
Guys,
When NumbersUSA would present their case to the lawmakers,
They would present their logic and arguments with facts they may have.
When ImmigrationVoice present their case they would present their logic,
arguments and facts which they have.
Then it is for lawmakers to decide who is more convincing and
what is best for AMERICA and its people
Do not worry. If we have convincing arguments and facts and
backing from the experts, which we have, we shall be heard.
Cool down guys.
I think this thread should be closed as it has lost its direction.
When NumbersUSA would present their case to the lawmakers,
They would present their logic and arguments with facts they may have.
When ImmigrationVoice present their case they would present their logic,
arguments and facts which they have.
Then it is for lawmakers to decide who is more convincing and
what is best for AMERICA and its people
Do not worry. If we have convincing arguments and facts and
backing from the experts, which we have, we shall be heard.
Cool down guys.
I think this thread should be closed as it has lost its direction.
2011 %IMG_DESC_2%
hiralal
05-02 10:13 PM
even if the law was interpreted incorrectly by the lawyer ...I wonder if they can do a admin fix ??? this is definitely beneficial for many people ..for e.g. those who are homeowners, etc etc ...atleast the primary spouse can change fields etc etc
...wonder if we should have a campaign for this ?
...wonder if we should have a campaign for this ?
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transpass
08-23 04:12 PM
Can you please let us know the long list of Do's and Dont's..That would provide a lot of info...
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
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.
more...
ravi190372
08-28 10:28 PM
gc_on_demand , are you with a desi consulting firm or with a US software company
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realist
02-03 10:30 AM
[QUOTE=PavanV;2311091]
I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?
Just kidding :-)
:D
Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
Kidding too!
I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?
Just kidding :-)
:D
Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
Kidding too!
more...
babu123
07-02 08:43 AM
Jul 2, 2007 7:27 AM
At local FedEx facility
LINCOLN, NE
At local FedEx facility
LINCOLN, NE
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GCStatus
09-14 10:13 PM
How many admins do we have here?
more...
kalparikh
07-02 07:53 PM
So if I-485 was delivered before 10:00 AM...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
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akhilmahajan
02-12 08:25 PM
Thanks a lot everyone.
Grand Total - $1805
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1805
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
more...
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Prashant
07-02 10:13 PM
Hello folks,
This might be the right time for it, we sure will get media attention if lot of us participate.
Edited by Moderator:
"Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
[ first-name last-name ] - An employment based immigrant.
Just a thought
This might be the right time for it, we sure will get media attention if lot of us participate.
Edited by Moderator:
"Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
[ first-name last-name ] - An employment based immigrant.
Just a thought
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joeshmoe
06-08 06:52 PM
you can see the LIN# on the back of the check. i gave my own checks for the fees.
Should have done the same. Now my lazy attorney will take his sweet time to let me know when he got my receipt back from USCIS.
Should have done the same. Now my lazy attorney will take his sweet time to let me know when he got my receipt back from USCIS.
more...
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rkd
09-08 12:43 PM
Type EB3-I
EAD Paper Filed at TSC on 07/01/08
ND 07/08/08
Received CPO email on 09/05.
EAD Paper Filed at TSC on 07/01/08
ND 07/08/08
Received CPO email on 09/05.
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a2006
05-02 03:06 PM
I think IV core has some concerns regarding the correctness of the legal advise that you received from your attorney. Let us wait for them to clarify.
more...
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PlainSpeak
02-23 08:50 AM
well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
7 EAD's wow :eek:. I am on my third now. Waiting from 2004 does get frustating. Now after hearing yoru situation i will not grumble about my situation.
Hang in there ....
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
7 EAD's wow :eek:. I am on my third now. Waiting from 2004 does get frustating. Now after hearing yoru situation i will not grumble about my situation.
Hang in there ....
girlfriend %IMG_DESC_14%
rvurady14
02-09 02:44 PM
I will mail my $50 Contribution Today.
GO IV GO-
GO IV GO-
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psaxena
09-10 07:23 PM
YOu are a USELESS fellow. Thats right.. Immigration voice core are the ones who are doing whatever they can for you thankless idiots like YOU!!
Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.
BTW keeps your "2 cents" to yourself. I hate reading the post like these.
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.
BTW keeps your "2 cents" to yourself. I hate reading the post like these.
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
gccovet
07-24 09:44 AM
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Same here:
Service Center : TSC
File type : Paper Based
Filed : May 29th
No update since then:
EAD Expires 09/08.
Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
GCCovet
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Same here:
Service Center : TSC
File type : Paper Based
Filed : May 29th
No update since then:
EAD Expires 09/08.
Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
GCCovet
neverbefore
08-29 11:57 PM
take your 485 and 140 receipts.
Just thought I will share my Infopass experience.
I had an appointment at 1:30 pm in LA. Reached there in time but had to wait at the tail of a long line despite first asking the security person about the location of Infopass entrance (assuming there was one).
The same guy announced after 10-odd minutes that Infopass people should follow him to a door and so we did. The clerk at one of the windows inside took a long time and then asked us to take a seat and wait to be called.
We got called in 10 minutes and this clerk now said that for our case, we needed to be sent "upstairs" but since it was already past 2 pm and we had "so many files" (3 to be exact), we needed to book yet another appointment for an earlier time slot! Impressive!
We have done that now and hope to get some insight next time around. Funny that nothing about 2 pm is mentioned anywhere when booking an appointment for Infopass.
:rolleyes:
Just thought I will share my Infopass experience.
I had an appointment at 1:30 pm in LA. Reached there in time but had to wait at the tail of a long line despite first asking the security person about the location of Infopass entrance (assuming there was one).
The same guy announced after 10-odd minutes that Infopass people should follow him to a door and so we did. The clerk at one of the windows inside took a long time and then asked us to take a seat and wait to be called.
We got called in 10 minutes and this clerk now said that for our case, we needed to be sent "upstairs" but since it was already past 2 pm and we had "so many files" (3 to be exact), we needed to book yet another appointment for an earlier time slot! Impressive!
We have done that now and hope to get some insight next time around. Funny that nothing about 2 pm is mentioned anywhere when booking an appointment for Infopass.
:rolleyes:
