amdn123
01-24 05:45 PM
I have changed employers on an H1B transfer. My previous employer had filed an I-485, I went through FP as well and it has been 180 days from the filing date. My new employer's lawyer had advised them that AC-21 need not be filed until visa numbers become current. Is that correct? What if I go to a consulate for H1B visa stamping and they ask me whether AC21 has been filed for the empployment visa? Please advise, I am quite confused.
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gc_on_demand
07-08 10:07 AM
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
ajaykk
07-21 01:33 PM
Mailed on 07/14
Recvd: 07/15
Soft LUD's: 07/17, 07/18 & 07/20
Recvd: 07/15
Soft LUD's: 07/17, 07/18 & 07/20
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getgc2008
07-09 02:41 PM
I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.
Would I get an RFE if I work on contract on W2?
Would I get an RFE if I work on contract on W2?
more...
priderock
05-11 04:09 PM
i was feeling a lil down too for the last cupl of days...responding to some of those posters/reading their comments on alipac really brought me down.
however i m feeling better now seeing the drama on immigration portal june visa bulletin thread...not that i am a drama monger.. but seeing drama between two professionals really spices things up.. why else are boxing and wwf interesting
http://boards.immigrationportal.com/showthread.php?t=247589
Could'nt resist reading whole thread....
Oh BTW , Did I tell you guys that I am CEO of a fortune 100 company , but spend time on these forums to kill some time. :D :D :D And I will delete all my posts if any one offends me :) :) :)
PS: You don't get the joke unless you have gone through that thread...
however i m feeling better now seeing the drama on immigration portal june visa bulletin thread...not that i am a drama monger.. but seeing drama between two professionals really spices things up.. why else are boxing and wwf interesting
http://boards.immigrationportal.com/showthread.php?t=247589
Could'nt resist reading whole thread....
Oh BTW , Did I tell you guys that I am CEO of a fortune 100 company , but spend time on these forums to kill some time. :D :D :D And I will delete all my posts if any one offends me :) :) :)
PS: You don't get the joke unless you have gone through that thread...
english_august
07-10 08:37 AM
DC folks - this is a visual event and if we don't have our own members covering this and are not available to talk to the reporters, it won't have the impact that we are hoping for.
I was just talking to a journalist and he said that it is important to get pictures.
Please it is not too late even now - take extended lunch today and join nixstor in supporting this. Send me a PM and I can give you his contact info.
I was just talking to a journalist and he said that it is important to get pictures.
Please it is not too late even now - take extended lunch today and join nixstor in supporting this. Send me a PM and I can give you his contact info.
more...
tempgc
07-02 09:15 AM
My usps status is as below, anyone in the same state ? Don't know when will they deliver it.
Status: Arrival at Unit
Your item arrived at 11:38 PM on July 1, 2007 in LINCOLN, NE 68501. Information, if available, is updated every evening. Please check again later.
Status: Arrival at Unit
Your item arrived at 11:38 PM on July 1, 2007 in LINCOLN, NE 68501. Information, if available, is updated every evening. Please check again later.
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SunnySurya
08-18 01:17 PM
Again folks! please think hard, what can be done ???? (other than filling lawsuits)
more...
gujju
02-09 02:05 PM
You all do amazing work and provide great information.I just did my first contribution of $100 and have become a recurring contributor for the same amount.If needed I will increase my contribution for March and April, as I will not be able to attend the event due to Family.
I tried to convince 4 EB3 friends with a priority date between mid 2002 and late 2003 , and all of them have lost hope for GC and they are just very pessimist about the process .
There are some who are concerned about not getting green cards , but give the excuse of being busy.I am trying to convince them to contribute and attend.
Thanks:-
I tried to convince 4 EB3 friends with a priority date between mid 2002 and late 2003 , and all of them have lost hope for GC and they are just very pessimist about the process .
There are some who are concerned about not getting green cards , but give the excuse of being busy.I am trying to convince them to contribute and attend.
Thanks:-
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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...
vkjanam
02-18 12:23 PM
Hi Sukhwinderd,
This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.
regards
Vkjanam
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.
regards
Vkjanam
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
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bobbydalal
07-20 05:04 PM
guys can i say something instead of showing our true colors we all should join force and for one common reason that is getting our green cards done.I have been here for last 13 years and am still awaiting my green card as my eb2 application got denied as my employer showed loss in the year opf filling my petition and then i became lazy and didnt file in eb3 category but now finally i amd awaiting the pd so lets all get together and get greened.
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ramvinay
08-20 12:01 PM
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
Wait4ever,
I am the same boat, got the approval email and a week later received the approval notice in the mail. Did not get welcome or CPO email. My approval notice says I MAY have to do biometrics again to get my PR card
and they will notify me about appearing for biometrics if required.
Dose your approval notice have a similar message?
Thanks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
Wait4ever,
I am the same boat, got the approval email and a week later received the approval notice in the mail. Did not get welcome or CPO email. My approval notice says I MAY have to do biometrics again to get my PR card
and they will notify me about appearing for biometrics if required.
Dose your approval notice have a similar message?
Thanks
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bostonqa
06-11 01:32 PM
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
more...
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marblerock
07-19 10:19 PM
$200 from me.
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chanduv23
02-17 02:53 PM
Answer to this:
this:
And this:
is this:
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
Well, it goes beyond that. This is a "complicated story with no sub titles".
IV website is a board where people of all kinds visit and there is no control over stuff. Just go to any blog site - we see 100 rants and crazy comments as against a few wise talk.
I guess we have to live with it and keep pushing people. Sometimes loud and sometimes gently.
this:
And this:
is this:
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
Well, it goes beyond that. This is a "complicated story with no sub titles".
IV website is a board where people of all kinds visit and there is no control over stuff. Just go to any blog site - we see 100 rants and crazy comments as against a few wise talk.
I guess we have to live with it and keep pushing people. Sometimes loud and sometimes gently.
more...
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PBECVictim
08-02 10:20 AM
After doing research, I am thinking that my case may move to Texas Service centre. If I get SRC receipt number, it will be good. My I-140 can be processed within 4 months.
Since it reached before July 30 it can reach anywhere !
Though I would say pray for TSC !
Since it reached before July 30 it can reach anywhere !
Though I would say pray for TSC !
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gcspace
09-17 11:43 AM
Can you please let us know who signed your package in NSC on July16th?
Hi Guys,
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
Hi Guys,
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
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mnkaushik
08-26 02:37 PM
I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.
will_v_ever_get_GC
11-21 01:31 PM
Dear Mehul...
I wish and pray that God gives strength to you and your family in this difficult situation. And as fellow IV'ns have mentioned, Prayer and Faith in Life/Almighty can do wonders. By the attitude in your note, I do feel you have that ... and somehow I have a feeling things will be fine for you and your family.
As suggested by many people, if possible, please do get a 2nd opinion from a renowned doctor in India. And do start Yoga/Pranayam. Meditation and proper breathing exercise have helped folks with very serious conditions and these are surely worth trying.
And for your GC, I would second the suggestions of writing to senator and USCIS.
Your family should be your reason to continue to have faith and NOT give up...
Heartfelt wishes and prayers with you... Always !!!
I wish and pray that God gives strength to you and your family in this difficult situation. And as fellow IV'ns have mentioned, Prayer and Faith in Life/Almighty can do wonders. By the attitude in your note, I do feel you have that ... and somehow I have a feeling things will be fine for you and your family.
As suggested by many people, if possible, please do get a 2nd opinion from a renowned doctor in India. And do start Yoga/Pranayam. Meditation and proper breathing exercise have helped folks with very serious conditions and these are surely worth trying.
And for your GC, I would second the suggestions of writing to senator and USCIS.
Your family should be your reason to continue to have faith and NOT give up...
Heartfelt wishes and prayers with you... Always !!!
rock945
06-11 10:52 PM
I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
I was under the impression that you cannot file before June 1st..
I was under the impression that you cannot file before June 1st..
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