apahilaj
12-19 12:56 PM
See signature
wallpaper map of amazon rainforest by
gccovet
02-10 09:45 AM
I am sending a $50.00 check today.
Thank you RS_123.
This brings us to $919.00
gccovet
Thank you RS_123.
This brings us to $919.00
gccovet
mirage
07-08 11:01 AM
People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...
if it takes 2 or 3 years to fight this case, what is the use
if it takes 2 or 3 years to fight this case, what is the use
2011 AMAZON RAINFOREST MAP
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 ....
more...
ps3539
02-04 08:23 AM
Grass is always greener on the other side...
If you have ead ... I suggest do not go to india
going back for parents' health is valid & noble reason...
If you have ead ... I suggest do not go to india
going back for parents' health is valid & noble reason...
sankap
07-09 11:58 PM
@desi3933:
1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
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".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
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".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
more...
gcsomeday
07-19 08:08 PM
$101 from me
2010 map of razilian rainforest.
texcan
09-04 05:11 PM
Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
I fully agree, one should come to rally and if cant atlease contribute.
With so much information one gets from IV that itself is a good reason to contribute. Especially when people have paid 100's of dollar in just mail expenses.
I am working on getting friends geared for rally, if not to contribute.
Lets plan for rally , if not at least contribute for your own good.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
I fully agree, one should come to rally and if cant atlease contribute.
With so much information one gets from IV that itself is a good reason to contribute. Especially when people have paid 100's of dollar in just mail expenses.
I am working on getting friends geared for rally, if not to contribute.
Lets plan for rally , if not at least contribute for your own good.
more...
newu77
08-17 04:57 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
hair Amazon Map
coolman
10-04 03:07 PM
Applied on July 19th,NSC..no news yet..
more...
dealsnet
03-28 01:40 PM
Good job. Thanks.:D
Average worldwide processing time for employment based green card applications is 1.43 years (Priority Date to GC approval).
In simple words, it takes 5.5 years to wrap up the 1 year GC demand for Indian applicants presuming there is no overflow from any other country GC visa quota.
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg
Above conclusion is drawn after comparing the statistics for just the 2007 PERM data from DOL.
http://www.shusterman.com/pdf/perm07.pdf
I also assumed that there are 1000 Non-Perm cases for India alone, but changing it would not affect the results a lot.
Just imagine the demand that would have been in years 2000~2002 and thats a project for another er!
Unless we stand up unitedly, talk to the senators and raise our voice, we can plan on retiring on H1. It may be now or never!
Average worldwide processing time for employment based green card applications is 1.43 years (Priority Date to GC approval).
In simple words, it takes 5.5 years to wrap up the 1 year GC demand for Indian applicants presuming there is no overflow from any other country GC visa quota.
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg
Above conclusion is drawn after comparing the statistics for just the 2007 PERM data from DOL.
http://www.shusterman.com/pdf/perm07.pdf
I also assumed that there are 1000 Non-Perm cases for India alone, but changing it would not affect the results a lot.
Just imagine the demand that would have been in years 2000~2002 and thats a project for another er!
Unless we stand up unitedly, talk to the senators and raise our voice, we can plan on retiring on H1. It may be now or never!
hot Map of the Amazon rainforest
![map of brazilian rainforest. [Map by: Volunteer Brazil]](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhdaF3zE1a8FA2e6oFPf2G4RT3LhuNqJB95roItF2trG8F3mGZHv_OBeQ0dEU4KTdpsBAI6dVwciNritRDe1A87mawfIu0VuoFYsl1nQi3hF5rBWAdLyj0NOPQvmeu1rGj2KlxjJLgrl8Um/s400/map_brazil.jpg "[Map by: Volunteer Brazil]")
csvinay
10-27 05:34 PM
Ok. My bad. I was using lame duck as an example. I'm not hoping anything on the lame duck session.
My question is/was, how long it takes for a bill(passed) to be effective. Is there a timeline within which President has to sign it? Once he signs it how long does it take become effective?
PS: I was guessing, I'm not sure of the 90 days time period.
My question is/was, how long it takes for a bill(passed) to be effective. Is there a timeline within which President has to sign it? Once he signs it how long does it take become effective?
PS: I was guessing, I'm not sure of the 90 days time period.
more...
house can see on the map below),
desi_scorpion
08-02 10:30 AM
Hi, which number did yyou call?
tattoo The Amazon rainforest is the
americandesi
04-22 02:21 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.
http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html
Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "
http://www.murthy.com/news/n_filrem.html
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.
http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html
Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "
http://www.murthy.com/news/n_filrem.html
more...
pictures parks in Brazil.
msp1976
05-02 01:18 PM
I have read many bills in last year and a half. There are a bunch of such bills pending..The problem is that they just stay pending...Unless that gets placed on the senate calender introducing the bill is useless...
dresses [Map by: Volunteer Brazil]
jsb
09-11 03:23 PM
Since now as per USCIS notice of receipt status as of Sep 7, TSC is also finished with July 2 filings. All filings of July 2, no matter where you filed, should have been receipted. Allowing a few days for mail, all July 2 filers should have their receipts in their hands. NSC is way ahead of course.
more...
makeup is the real map of Brazil,
gccovet
02-10 09:45 AM
I am sending a $50.00 check today.
Thank you RS_123.
This brings us to $919.00
gccovet
Thank you RS_123.
This brings us to $919.00
gccovet
girlfriend Brazil Travel Map
InTheMoment
06-17 10:56 AM
Pure unadulterated wishful thinking... if I may !
hairstyles Amazon Rainforest Map.
vinabath
03-25 03:19 PM
It will move in July for sure. It has to. I am guessing there will atleast 40k visas available for the last quarter.
I am guessing it will move to Dec 2002. A bunch or guys will be happy with that move.
I am guessing it will move to Dec 2002. A bunch or guys will be happy with that move.
sanhari
07-19 04:08 PM
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
nishanttambe
11-17 04:42 PM
Done. But while sending email to friends, I got below messages
"Your message can not contain URL", this was right above the message box.
"Your message can not contain URL", this was right above the message box.
No comments:
Post a Comment