Monday, July 4, 2011

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  • GCStatus
    09-15 10:23 AM
    Is it possible to hard wire this thread?




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  • raj2007
    06-23 09:42 AM
    I think -- may be.. it will make some difference.

    on uscis site: contact us: I got this email address.

    uscis.webmaster@dhs.gov.


    I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.

    It will make a different if USCIS receives emails like this... in thousands?
    here's my 2 cents.

    There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.

    it may work.




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  • mrajatish
    05-02 10:54 AM
    Stupid question, but I am sure it is in the minds of many others -
    1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
    2. Will the house have a similar bill?




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  • eb3_nepa
    07-05 10:58 AM
    Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.



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  • desi3933
    07-10 12:54 PM
    @desi3933:

    That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.

    Where did you read that requirement? Assuming, again?

    A self-employed business is always real.

    A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.

    Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf


    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......

    what does this mean?
    confirm that the new employer and the job offer are legitimate

    legitimate means bonafide. Isn't it?
    For both, new employer and new job offer.




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  • gccovet
    02-09 03:00 PM
    Transaction ID #34211805W72220746

    thank you Jelo, your valuable contribution takes us to $443.00



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  • chanduy9
    07-03 12:50 PM
    Order # FNM1314828


    Guys do it..lets try our best.

    Thanks,
    Chandra.




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  • shankar_thanu
    03-24 08:22 PM
    I applied 485 on July2nd 2007, we never got the FP notice, I called up the USCIS inquiry number, opened two service requests, nothing happened. My lawyer sent a letter asking USCIS to look at our case, that was ignored as well. We finally got an Infopass appointment and went to the office today, after a little bit of confusion, we were told that the most likely cause was that we sent pictures along with our EAD applications and that confused CIS procedures and they missed sending us FP notices.

    Cant believe this crappy explanation, but this is what we were told. We were told that usually they call people in for FP and take the pictures and then process the EADs. Anyway, it took all of ten minutes to figure this out and issue us an FP notice, there is no reason they couldnt have done this over the phone...

    Good thing though is that not having the FP done does not stop then from processing the Name check and infact my wife's name check has been completed..


    Hope that helps...



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  • shakunbansal
    09-20 08:53 PM
    Anybody with case filed on aug9th with NSC recieved any notice??




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  • sankap
    07-09 09:34 PM
    Supreet:

    Based on my extensive research on the topic:

    1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
    2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
    3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
    4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.

    Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.

    However, a few follow up questions.

    1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?

    2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?

    3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?

    Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.


    Your help is highly appreciated.

    Thanks!!

    - S



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  • furiouspride
    08-24 07:44 PM
    True, like I still have a EDD letter talks about my first case for GC was filled on Aug. 2001 as wanted to immigrant but what is the use, as I have to file new one as even if I have transferred my employment to my parent companies client, USCIS has no rule to transfer labor process or priority dates until has approved i140, they requires to file new one which surly takes time. And I am sure mostly people completed even 10 years of working waiting for GC have the same issue.
    what language is this bro? :confused: damn!




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  • snathan
    02-09 05:31 PM
    People are giving red dots for asking donation....

    Great we will fix all these problem by 2100.

    GO IV GO...there are lots of free riders waiting for you.

    I really feel ashamed you guys.



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  • gc_lover
    07-02 08:39 AM
    Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.

    Anyone know if they accept packages on Saturday?




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  • rolrblade
    11-21 08:10 AM
    Hello Mehul:

    I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.

    On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.

    As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .

    ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.



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  • amitjoey
    07-09 04:34 PM
    I sent the pdf and a write up to reporters in my local area.




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  • mirage
    03-06 04:24 PM
    You are seeing it from a complete 180 degrees than I see it. It's not us who's discriminating, it is the laws which are discriminating. I am asking them to treat us all equal, I entered the country on an H1B which was an employement based application it did not hav any country quota, then why should green cards for EB have country quota. Why should a person from India wait for 10 year and a person from Romania get it in 1 year....I think your ROW friends shold understand our position.
    Your strategy is to go against her own bill to recapture greencards that she introduced for us last year.

    I think this is wrong.

    Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.

    What you are doing is only dividng the community. My collegues who are also IV members are upset reading that someone in IV is pursuing a one point agenda against ROW. We need to stop and think. A lot of ROW are quiet members on IV forum and they will be upset.
    Country caps can only be supported if there is recapture or increase in visa numbers.



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  • CADude
    08-02 01:30 PM
    Thanks Andy for confirmation.

    Patterns say AOS/EAD/AP application will be moved to TSC [if your I-140 is related to TSC] but USCIS retained the Receipt date @ NSC Received date. Not sure who assign RN and encash the check? TSC or NSC. Most probably TSC. :confused:

    I received the receipt number today from my attorney

    My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
    My I 140 was approved on 27th July.

    My receipt numbers are as below, so it was moved from Nebraska to Texas

    I-485- SRC-07-230-xxxx
    I-765- SRC-07-230-xxxx
    I-131- SRC-07-230-xxxx

    Andy




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  • Macaca
    07-08 07:57 PM
    Condi's statement

    Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer.
    From New York Times Editorial

    On Monday, the State Department announced that all 140,000 employment-based green cards had been used and no applications would be accepted.

    Citizenship and Immigration Services, the definition of a hangdog bureaucracy, says the law forbids it to accept the applications.



    Based on the above, I undersand that there is a law that forbids acceptance of AOS applications when the 140K quota is exhausted.

    The following is AILA's response in New York Times Editorial.

    The American Immigration Lawyers Association says this interpretation is rubbish.

    I am very curious to see the immigration law that AILA calls rubish and is ignoring while filing the class action suite!




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  • eers
    07-10 06:56 PM
    A simple and easy way to spread this news would be to email the news coverage links to every one possible.




    chanduy9
    07-03 02:45 PM
    Once you sent the flowers pls poll @
    http://immigrationvoice.org/forum/showthread.php?t=6029




    Macaca
    07-09 09:30 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html



    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf 22 CFR Part 42:51
    In general read 22 CFR Part 42 http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html


    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs can (not) be submitted by GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.



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