h1b_forever
06-26 11:16 AM
There were times when people with certain disease were discriminated against.
Now that seems to be happening to people with EAD / GC(sometimes).
Now that seems to be happening to people with EAD / GC(sometimes).
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SGP
11-17 03:39 PM
Done
sankap
07-09 10:00 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
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intheyan
08-12 02:28 PM
That helps a lot.
Here is some more information I got from murthy's forum.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261
ADIT (I-551) stamping
�
Applicant appears at local USCIS for ADIT processing. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Courtesy of --- Jackson & Hertogs
Here is some more information I got from murthy's forum.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261
ADIT (I-551) stamping
�
Applicant appears at local USCIS for ADIT processing. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Courtesy of --- Jackson & Hertogs
more...
bebar
06-16 04:16 PM
Me either. No receipts yet.. filed to reach on june 1st.
Lucky you summerof98!
Lucky you summerof98!
PDOCT05
10-08 10:15 AM
I am still waiting?
more...
tonyHK12
02-17 08:39 AM
thanks delta313, manchala, gc_peshwa, ramaonline, whiteStallion for your contributions. We are @ 11%
Total Contributions...........$5,625.00
Amount to be raised.......$44,375.00
.
Total Contributions...........$5,625.00
Amount to be raised.......$44,375.00
.
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Munna Bhai
08-14 08:52 AM
All,
i received approval for EAD today for myself and wife See sig for details.
congrats, looks like things are moving
i received approval for EAD today for myself and wife See sig for details.
congrats, looks like things are moving
more...
priti8888
12-18 07:30 PM
Some of my cousins and friends who are just leaving college (even the prestigious IIT's) are unwilling to come to the US.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
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rameshvaid
04-21 06:27 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul.
This is the most shocking of the threads, I have ever read. I know it needs lot of courage to go through what you are going through. MAY GOD BLESS you with a long life and gives courage and wisdom to your family. Getting another opinion from a reputed hospital should be your top most priority. MUST GET SECOND OPINION. Miracles do happen. A friend of mine survived for almost 12 years after the doctors told him 6 months.
I will keep you in my daily prayers and I AM SURE with so many hands folded in prayers for you, GOD will have to SHOWER with his choicest blessings and MAY YOU LIVE LONG.
Contact the IO diectly with all the medical documents and I am sure they are HUMAN too and some one will definately be there for you to help.
I am out of words and do not know as to how I can be of any help to YOU and YOUR family. PLS. do not hesitate to contact me.
GOD BLESS..
Ramesh
P.S: CAN SENIOR IV MEMBERS TAKE UP HIS CASE AND TALK TO A SENIOR OFFICER AT USCIS
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul.
This is the most shocking of the threads, I have ever read. I know it needs lot of courage to go through what you are going through. MAY GOD BLESS you with a long life and gives courage and wisdom to your family. Getting another opinion from a reputed hospital should be your top most priority. MUST GET SECOND OPINION. Miracles do happen. A friend of mine survived for almost 12 years after the doctors told him 6 months.
I will keep you in my daily prayers and I AM SURE with so many hands folded in prayers for you, GOD will have to SHOWER with his choicest blessings and MAY YOU LIVE LONG.
Contact the IO diectly with all the medical documents and I am sure they are HUMAN too and some one will definately be there for you to help.
I am out of words and do not know as to how I can be of any help to YOU and YOUR family. PLS. do not hesitate to contact me.
GOD BLESS..
Ramesh
P.S: CAN SENIOR IV MEMBERS TAKE UP HIS CASE AND TALK TO A SENIOR OFFICER AT USCIS
more...
delhiguy
07-08 05:54 PM
No onde denies that we cannot vote. But we have the basic rights, like being treated "equally and fairly". For example, if some employer violates labor law and did not pay you for your work, I am sure you can sue, even though you are not a citizen. There are some basic rights that everyone has, esp. if you hold good fainth and are damaged. Statement that you do not have any rights as you are not a citizen is just wrong. I am wondering how this will impact people's (esp. people from other countries) perception about this. :confused:
Sir,
What i said are my views after reading through the internet, I may be wrong.
We would now have to wait for the lawsuite judgement , to know where we stand.
I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..
Sir,
What i said are my views after reading through the internet, I may be wrong.
We would now have to wait for the lawsuite judgement , to know where we stand.
I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..
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akhilmahajan
02-17 10:21 AM
Come on folks, lets get the contribution campaign moving.
GO IV GO. TOGETHER WE CAN.
GO IV GO. TOGETHER WE CAN.
more...
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jsb
11-08 12:42 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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eers
07-09 03:12 PM
emailed below to Houston Chronicle
Dear Sir/Madam
I am one of the skilled, legal applicants affected by the recent "Flip-Flop" of visa bullentins by USIS and DOS, and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
Please refer to the attached press release for more information
http://docs.google.com/View?docid=ap9x7pmvk6s_32c3khvg
More information about this initative and the current f iasco is available at http://immigrationvoice.org/
This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event ?"
If we can provide any more information, please contact me or the email address provided in the press release link.
Dear Sir/Madam
I am one of the skilled, legal applicants affected by the recent "Flip-Flop" of visa bullentins by USIS and DOS, and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
Please refer to the attached press release for more information
http://docs.google.com/View?docid=ap9x7pmvk6s_32c3khvg
More information about this initative and the current f iasco is available at http://immigrationvoice.org/
This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event ?"
If we can provide any more information, please contact me or the email address provided in the press release link.
more...
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waitforevergc
05-09 09:35 PM
Kshitij,
Excellent letter. Thanks for sending it.
I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.
Others..please let us all write letters, if more people write, someone will take notice.
Thanks.
Excellent letter. Thanks for sending it.
I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.
Others..please let us all write letters, if more people write, someone will take notice.
Thanks.
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anzerraja
07-20 10:14 AM
Zooom
http://spreadsheets.google.com/ccc?k...U3Fn9GTQ&hl=en
Can you PM me your email id so we can work out the things with this thread.
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
http://spreadsheets.google.com/ccc?k...U3Fn9GTQ&hl=en
Can you PM me your email id so we can work out the things with this thread.
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
more...
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mmanurker
07-20 11:42 AM
Dear Members
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
So do not pay it directly to the IV core funds, yet.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
Pl. let me know how to send the amount coz your post clearly says
"do not pay it directly to the IV core funds, yet"
(so far contributed $100 to IV)
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
So do not pay it directly to the IV core funds, yet.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
Pl. let me know how to send the amount coz your post clearly says
"do not pay it directly to the IV core funds, yet"
(so far contributed $100 to IV)
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fundo14
05-30 10:26 AM
fundo...i am doing landing tomorrow
the application for PR says that enclosed photo is my photo or something like that...so i was wondering will they require photos.
I have used AP already and my I-94 states AOS
Hi Maag,
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Please share your experince once you complete your landng tomorrow.
It will help many of us who are in same boat.
what is your port of entry in canada?
Thanks!
the application for PR says that enclosed photo is my photo or something like that...so i was wondering will they require photos.
I have used AP already and my I-94 states AOS
Hi Maag,
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Please share your experince once you complete your landng tomorrow.
It will help many of us who are in same boat.
what is your port of entry in canada?
Thanks!
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Libra
09-04 10:12 AM
congrats heathere3, and welcome to IV. there is a rally on sep 18th in DC if you dont know about it. please participate in rally and contribute in whatever way you can. thanks.
I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
mbawa2574
08-20 08:16 PM
No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
mirage
03-08 08:38 PM
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
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