punjabi
02-02 03:04 PM
Well guys...
I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.
I just visited India after 7 years. As far as India goes, I love:
-- My parents living there, perhaps they will never come to USA to stay with me permanently, and
-- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.
I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.
Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.
What does "rising on the top" mean anyway? Whom are you collecting money for?
I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.
So my friend (who is leaving for India)...
You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.
If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.
Good Luck!!
I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.
I just visited India after 7 years. As far as India goes, I love:
-- My parents living there, perhaps they will never come to USA to stay with me permanently, and
-- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.
I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.
Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.
What does "rising on the top" mean anyway? Whom are you collecting money for?
I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.
So my friend (who is leaving for India)...
You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.
If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.
Good Luck!!
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meghujosh
07-20 08:08 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
gee_see
10-01 04:13 PM
There was no discussion on invoking AC21 where the salary is lower than specified in LC. For example wages for LC filed in bay area will be higher than other places and if one wishes to move to work location where prevaling wages are lower compare with original LC location. What would USCIS position on this since AC21 does not talk about work location.
wage for Original LC location in Santa Clara:- 90k
New job offer in mid west:- 70K ( much higher than prevaling wages)
Please comment
wage for Original LC location in Santa Clara:- 90k
New job offer in mid west:- 70K ( much higher than prevaling wages)
Please comment
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leo4ever
02-20 09:00 PM
Your transaction ID for this payment is: 2ES10053VD0206641.
and also sent the email to IV.
I feel bad, i can not participate in the Advocacy days but i am spreading the word to all my friends.
-Leo
and also sent the email to IV.
I feel bad, i can not participate in the Advocacy days but i am spreading the word to all my friends.
-Leo
more...
sparuthi
09-14 12:47 AM
I will contribute $200 from my side, and I can also get discount on Lawyers thru my firm...
pappu
05-13 03:53 PM
Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.
There is a donate now button at the top of each page in the forum. Once you contribute /sign up for monthly subscription you will get access to the donor forum on monthly basis and your status will change from member to donor.
By becoming the donor,
- You will gain access to IV plans and updates.
- You will be able to easily communicate with IV leadership.
- You will be given access to IV conference calls and participate in the discussions.
- If your own application is in trouble and you are in a desperate situation and you have tried all other avenues, you can contact IV if you are a donor and IV will contact USCIS for you and try to get the problem fixed.
- By being a donor you are helping IV continue this effort that benefits the community.
There is a donate now button at the top of each page in the forum. Once you contribute /sign up for monthly subscription you will get access to the donor forum on monthly basis and your status will change from member to donor.
By becoming the donor,
- You will gain access to IV plans and updates.
- You will be able to easily communicate with IV leadership.
- You will be given access to IV conference calls and participate in the discussions.
- If your own application is in trouble and you are in a desperate situation and you have tried all other avenues, you can contact IV if you are a donor and IV will contact USCIS for you and try to get the problem fixed.
- By being a donor you are helping IV continue this effort that benefits the community.
more...
sk2006
09-03 06:51 PM
sk2006,
Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?
Srini.
PD August 2004 EB2 India.
RD 7/24/2007 Nebraska
ND 8/21/2007 Nebraska.
Soft LUD on approved 140 on July 28 2008.
Approved Aug 19. Got welcome & cpo mails on same day. rcvd welcome notice on 25th, Got Cards on 27th.
Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?
Srini.
PD August 2004 EB2 India.
RD 7/24/2007 Nebraska
ND 8/21/2007 Nebraska.
Soft LUD on approved 140 on July 28 2008.
Approved Aug 19. Got welcome & cpo mails on same day. rcvd welcome notice on 25th, Got Cards on 27th.
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jthomas
05-31 01:49 AM
...
more...
ganguteli
07-08 11:11 AM
Where is Moira from Buisnessweek?
Why can't she cover this?
Why can't she cover this?
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prashantkh
07-05 05:59 PM
Order Number: FNK1819608
Order Date: Thursday 07/05/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
US Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
Order Date: Thursday 07/05/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
US Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
more...
AK_GC
02-10 04:32 PM
Unique Transaction ID #0LL24091H0267991J
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black_logs
05-03 10:37 AM
Yes, that is one of the parts I loved in this bill.
We have to go to a consulate in our home country to get VISA stamping.
1000's of us are affected. SKIL bill Section 402 is addressing this.
We have to go to a consulate in our home country to get VISA stamping.
1000's of us are affected. SKIL bill Section 402 is addressing this.
more...
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desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
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.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
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.
..............
.
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h4help
10-12 08:33 AM
How current is the online status on this uscis website ?
I check it every day ..
For my husband, even though it said card production ordered, the tier 1 customer service said that it was still pending.
But still he got his card, then only after a few days, the cust service also said the same status..
anybody faced this ambiquity with customer service ?
I check it every day ..
For my husband, even though it said card production ordered, the tier 1 customer service said that it was still pending.
But still he got his card, then only after a few days, the cust service also said the same status..
anybody faced this ambiquity with customer service ?
more...
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desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (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. 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. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always 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 the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, 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?
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".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (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. 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. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always 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 the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, 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?
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".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
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number30
05-04 09:30 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
more...
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gk_2000
09-09 11:04 PM
From all the options we have at hand immediately, I suggest the following to be the quickest and most effective
Chant the mantra "Man Yo Ho Rehna Kyo"
This should be done as many times as possible for 2 weeks
Avoid chanting from 12:00-3:00
Keep in mind the person who you think is the obstacle on your path while chanting
It worked for someone I know. It worked for me. And now to make it work for all of us we all have to chant. Remember, just 2 weeks!
Chant the mantra "Man Yo Ho Rehna Kyo"
This should be done as many times as possible for 2 weeks
Avoid chanting from 12:00-3:00
Keep in mind the person who you think is the obstacle on your path while chanting
It worked for someone I know. It worked for me. And now to make it work for all of us we all have to chant. Remember, just 2 weeks!
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needhelp!
02-18 05:26 PM
I am sure everyone agrees that fixes are needed. I am sure everyone agrees that fixes won't come magically. But to stand up and work for it, Macaca once said "Something has to CLICK!".
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dingudi
12-16 06:56 PM
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
What are you guys thinking as next step?
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
apahilaj
03-18 11:18 AM
Apahilaj,
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.
Circus123
03-26 04:42 PM
Friends looking at the expectations you have set in this thread , I should then expect 2013-2014 ..WOW
That is a long wait... :D
9 years = 108 months = 3240 days (1/6th of my life)
I already spent 1/6th of my life here already ( 8 years) ...
So 2/6thof my life spent refreshing the IV homepage :eek:
That is a long wait... :D
9 years = 108 months = 3240 days (1/6th of my life)
I already spent 1/6th of my life here already ( 8 years) ...
So 2/6thof my life spent refreshing the IV homepage :eek:
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