chantu
09-03 11:44 AM
Yes, u r lawyer is right. It is fine to skip.
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
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simple1
05-02 02:00 AM
http://www.state.gov/documents/organization/87867.pdf
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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.
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neelu
05-23 01:25 PM
Finished calling the senators. Got hold of 2 + 7 senators.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
more...
oliTwist
08-24 09:27 PM
AOS applied on July 2
EAD arrived on Aug23
Waiting for AP card & AOS receipts
EAD arrived on Aug23
Waiting for AP card & AOS receipts
Pineapple
12-11 11:43 AM
I agree with eb3_nepa
The fact is that the biggest immediate issue facing the majority of people is Not a green card, it is that they cannot even file for it. Wasn't retrogression the whole reason why people joined IV? GC processing was always slow, and that was a big problem. But it only got to be a critical problem when people realized they could not change jobs and their spouses could not work due to the retrogression.
Let us focus on the low hanging fruits first.
....
a) Filing for stage 3 regardless of PD
b) Relief for people in the LC mess
c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)
... does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? ... Let us seriously think about this solution.
The fact is that the biggest immediate issue facing the majority of people is Not a green card, it is that they cannot even file for it. Wasn't retrogression the whole reason why people joined IV? GC processing was always slow, and that was a big problem. But it only got to be a critical problem when people realized they could not change jobs and their spouses could not work due to the retrogression.
Let us focus on the low hanging fruits first.
....
a) Filing for stage 3 regardless of PD
b) Relief for people in the LC mess
c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)
... does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? ... Let us seriously think about this solution.
more...
Vsach
07-05 05:31 PM
Dear All,
How about we all show up at DC coming Monday! What would be the most efficient and quickest process in getting everybody involved?:
Regards
VS
How about we all show up at DC coming Monday! What would be the most efficient and quickest process in getting everybody involved?:
Regards
VS
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MightyIndian
09-27 11:35 AM
See my signature:)
more...
diptam
07-02 09:35 AM
If there is a revised bulletin which shows that your Priority Date is retrogressed then your's will be thrown off ....
I mean you missed a golden opportunity because you had whole of June
to file - i know its not your fault , just stating the Fact.
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
I mean you missed a golden opportunity because you had whole of June
to file - i know its not your fault , just stating the Fact.
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
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JazzByTheBay
09-15 12:18 AM
>>here are people working day and night for IVs cause - with a lot of >>dedication - there are free riders and majority of people are sitting on >>fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
...it does speak volumes about us when you acknowledge that:
- there are people sitting on the fence
- want to do something
- not quite sure what/how/why
- are lost opening threads and discussing
As the first anniversary of the D.C. rally approaches, let's reflect on this.
jazz
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
...it does speak volumes about us when you acknowledge that:
- there are people sitting on the fence
- want to do something
- not quite sure what/how/why
- are lost opening threads and discussing
As the first anniversary of the D.C. rally approaches, let's reflect on this.
jazz
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
more...
desi3933
08-29 10:33 AM
That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't believe I had been unethical.
The bottom line, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
Any update on your lawsuit?
The bottom line, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
Any update on your lawsuit?
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romeshtrisal
09-10 08:31 PM
My papers were received at Nebraska Center by one... M. Schwitzer on 30th July. So far nothing... no receipts, no encashed checks.
Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
They just put in wrong and fake info just to please their bosses. This is a messy setup.
Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
I am really pissed off.....
Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
They just put in wrong and fake info just to please their bosses. This is a messy setup.
Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
I am really pissed off.....
more...
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h1techSlave
02-24 02:20 PM
If you choose the recurring option in the drop down ($25 for 12 months etc.), you will become a Donor. This is my understanding.
How to get added to the 'donor' forum?? ;)
How to get added to the 'donor' forum?? ;)
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perm
08-06 02:35 PM
My checks cashed. Mailed I485-EB2, EAD, AP on June 29th, reached USCIS - NSC on July 2nd 10:25 am by Fedex. Checks cashed on 8/3 - Still not be able to see the back side of the image for RD etc. My I-140 was approved last year from TSC.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
more...
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Green.Tech
03-26 12:17 PM
Hi All,
just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.
Thank you.
By 5 pm!
Just kidding...No one knows USCIS ways so who knows!
just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.
Thank you.
By 5 pm!
Just kidding...No one knows USCIS ways so who knows!
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ramus
07-03 12:56 PM
With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.
more...
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shukla77
05-23 12:36 PM
sent emails to 10 senators
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h1techSlave
02-02 04:14 PM
Since we are in a fighting mood, I will throw some fuel to the fire :) :)
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
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GCard_Dream
12-11 11:07 AM
I thought "Staying the course" was not an option anymore.. that's from the Iraq study group, democrats, and the president himself. Motto now "We need to change our tactics". :)
Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
I forgot to say that I am going full speed ahead and staying the course.
Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
I forgot to say that I am going full speed ahead and staying the course.
vadapav
12-02 03:46 PM
Friends,
Please give your opinion on my plan.
Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer
I have no realistic hopes by getting GC by end of next year.
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE
Does this sound far fetched?
thnx
Please give your opinion on my plan.
Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer
I have no realistic hopes by getting GC by end of next year.
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE
Does this sound far fetched?
thnx
anju
12-19 02:29 PM
On the same boat. Filed SR twice. No fp notice yet.
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