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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.




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.




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  • mbawa2574
    09-07 12:08 PM
    Did ur packet was received by R.Williams ?




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  • anilsal
    12-13 12:07 PM
    All actions taken by IV is for the community. We are enjoying many benefits (AC21, 7th year H) etc that was a struggle by earlier outfits like ISN.

    IV will be successful.



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  • gccovet
    02-09 02:14 PM
    25$
    Transaction Id: 49C78926VG6647649
    Contributed via paypal

    Thank you all,
    Keep up the good work.



    Thank you Kate123 for your kind contribution!!

    GCCovet




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  • geevikram
    07-20 01:32 PM
    Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.

    Fixing the language so that folks do not take it personally.

    looivy, Please have a conversation and don't turn this into a pissing contest.

    What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..

    Again the original poster is correct in his statement.

    my .02$



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  • walking_dude
    10-08 02:48 PM
    Please donate $5000 to IV and they'll make it their top-most agenda

    ....
    I would say IV should make PD based processing as the top most priority in their agenda. ...




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  • Gravitation
    07-20 10:10 AM
    I pledge $100.



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  • vicks_don
    06-09 04:34 PM
    probably Texas, that is where my I-140 was approved.


    Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.

    Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.

    Don't want to lose another dime on cancellations and re-bookings.

    Advice and share your thoughts.

    Not sure when you are planning to return to US. They will send you fingerprint notices with in a month I guess.




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  • h1bmajdoor
    07-08 05:01 PM
    That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.

    AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.

    once that is exhausted for a country/EB, you have to wait.

    it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.



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  • anzerraja
    07-20 01:20 AM
    Thanks very much !!!


    Great job people.

    This is the least that everyone benefitted from july VB should do.

    Waiting to hear further instructions on how to send $100.

    Thanks




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  • diptam
    06-22 03:46 PM
    Giving Pay stubs instead of FUTURE employment letter ?

    That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...

    Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.



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  • ravi98
    09-09 09:12 AM
    It is depressing to see that nothing has changed much since the last post in this thread in 2007!
    We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!




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  • buddyinsd
    08-26 02:58 PM
    OK Thanks. And any recent LUD on 485 and already approved EAD (such as 08/21/2010 as most of us got)? Just trying to derive some pattern here...

    60 days



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  • gbof
    05-10 12:50 PM
    I think it is ironic that we (from India) complain about quota on GC when we are the masters of quotas whether it be in education, workplace, politics etc. I myself was not affected by quotas in India, but I know several friends who were, simply because they were born in "upper caste" and therefore had to be denied opportunities as "revenge" for the injustice meted out by their ancestors several centuries ago, instead of being based on economics.

    I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.

    EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,




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  • ho_gaya_kaya_?
    11-21 04:04 PM
    Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.

    Though it is a big shock for me and my family, I have to get over it and think about their survival after me.

    My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"

    Mehul:
    I salute you for your bravery
    It takes a real Man to face death and worry about his family.
    I cannot even begin to imagine what it would be to be in your shoes.
    Good luck my friend
    Hope things work out for you.
    Have faith- it can move the mountains...



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  • AK_GC
    02-10 04:32 PM
    Unique Transaction ID #0LL24091H0267991J




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  • vikki76
    09-29 11:30 PM
    Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
    6. Porting to Self-Employment

    USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.

    7. Timing of New Employment Offer

    A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.




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  • eb3retro
    01-31 12:25 AM
    Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...

    So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man

    dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains

    so venkat, i have a qn for you? only people who studied here, got opt and h1 are the brainy people huh? In your opinion offshore people working here on H1b is cheap ass? Could you please enlighten everyone here as to how come you came to this conclusion?




    pmpforgc
    02-07 10:55 PM
    Blacks, Latinos and even us Indians have reservation in the US. We get reservations right from Kinder garden, thru college and job opportunities. Many Federal govt. contracts are reserved for minorities and women.

    [QUOTE=rbusgc;2310783]


    I love this thread and will comment more later.

    But wanted to correct that in Most instance in US they dont apply MINORITY benefits to ASIAN people MAINLY because THEY are high ACHIVER in this Countrry. In most of the great colleges and MEDICAL SCHOOLS they TRY AS MUCH as possible to LIMIT asians in ADMISSIONS. Also When They talk about DIVERSITY they only talk about AFRICAN AMERICANS mostly.

    I am surprised that THOUGH ASIANS are very little in NUMBER in US they mostly dont get BENEFIT that MINORITY should get officially.

    I hope at some point SOME of OVER ASIAN kids will take MEDICAL SCHOOLS DISCRIMINATION against ASIANS in the SUPREEEM COURT in US.

    When it comes to Minority dont consider Yourself or your kids to get any MINORITY benefits in US. IT is mostly RESERVED FOR AFRICAN AMERICANS and in SOME INSTANCES for HISAPANIC though they are in LARGE NUMBER compare to ASIAN in this GREAT COUNTRY of USA !!!




    akhilmahajan
    02-09 05:25 PM
    Thanks a lot srinivas.

    Grand Total - $649

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Paid $50 through Bank Of America bill pay.

    Confirmation number: 8MT87-N97Y8



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