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  • richguy
    11-18 07:05 AM
    Done




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  • delhiguy
    07-08 06:36 PM
    The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.


    I have a question , if someone want to answer it.

    We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.

    I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC




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  • PavanV
    08-18 02:13 PM
    Hi,

    This is my first post to the forum, and i am not if this is place to post ?, i have two years left on my H1 B (into 4 yr) and my company is going to file for my labour this year (Hopefully) in EB2 category. I would like to support the community, I am in favor of HR 6039 for STEM and also EB3 category.




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  • narayan_id
    02-25 02:18 PM
    Contributed $100 Receipt ID2626-3858-1037-1208 Thanks



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  • PDOCT05
    10-10 12:06 PM
    I am still waiting :)




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  • rc0878
    09-21 08:52 AM
    For all those who have already received their receipt notices, do we have the priority date mentioned on the notice???

    Just curious.


    Thanks in advance.....



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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.




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  • when
    10-02 02:02 PM
    :-|



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  • Cali2006
    07-02 09:33 AM
    On FedEx vehicle for delivery ;)




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  • Macaca
    07-07 09:11 AM
    I know we have members from Britain

    I hope Franklin is there. Please convey my personal feeling that I consider him (+ all non-indians) to be an integral part of IV.

    It would be great if we can showcase a multicultural group

    I don't know how many IVer's can comprehend multiculturalism!

    PS: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?

    It was a very crafty/slick move on your part. I was very impressed. Not to mention: I am ecstatic that it is working.

    msyedy's legacy continues!



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  • gene77
    02-06 04:08 PM
    Hi Gene,
    The main two applications you need to file is 1) PR card 2) SIN card.
    No, you cannot file for the PR card online and as far as I know same goes for the SIN card.

    1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.

    2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.

    In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.

    When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.

    You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.

    Hope this helps.
    a




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  • anzerraja
    07-20 04:55 PM
    Dear Members

    For those of you joining us late, here is some info about this thread.

    1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.

    2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.

    So do not pay it directly to the IV core funds, yet.

    Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.


    There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?


    Thanks
    Anzer



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  • anzerraja
    07-19 07:43 PM
    I am already advertising this message over and again on the original thread, targetting members, who promised to pay.

    See this message below. Now we will start going into each thread and start informing this message.

    There is a funding drive in this other thread towards reimbursing Aman's expenses.

    http://immigrationvoice.org/forum/sh...874#post125874


    Could you please pledge an amount ?

    Done
    Also..How can we let other members know that a thread like this exists...




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  • Santosh_gc
    06-26 10:26 AM
    Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.

    Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.

    The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.

    I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.

    It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.

    All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.

    If you calling someone racist, please explain why you are saying so.

    Santosh



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  • ganguteli
    03-06 04:21 PM
    If you are saying that you want a temporary fix then I am sure a lot of people who are in the initial stages or are on just H1 will not support you. Do not say that it will indirectly help them because line in front will be reduced. They want more greencard numbers and no wait times.

    You are trying to help folks who are near greencard in last stages only. Such narrow aim should be made wider to get more support.




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  • snathan
    02-25 10:03 PM
    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.


    I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.



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  • machachan
    09-09 03:17 PM
    We filed i485 on Aug 1st still no news from receipt.

    I don't know which office, the lawyer took care of it.
    I'm from northern california, so I assume that will be Nebraska.




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  • zoooom
    07-19 07:22 PM
    Done...
    I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
    BTW I pledge $100




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  • EndlessWait
    04-23 01:41 PM
    endlesswait;

    there is a definite procedure, we follow it with appropriate paperwork and itll get done.
    only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.

    a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
    i think it wud be similar to eb3-eb2

    OLD eb2 labor applied - dec 2002
    eb2 perm labor approved - july 2005
    140/485 for perm labor filed - sept 2005
    140 perm approved nov 2005
    old eb2 labor backlog approved - dec 2006
    140 for old labor approved - jan 2007 ( premium pr)
    succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
    then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...

    in april, he got appproval for 485, no RFE, card arrived direct in mail.

    thx

    god bless




    perm
    07-03 10:45 AM
    Are you guys serious. and if so. I am IN.
    For those who will 'JUST MOVE ON'......... Please don't and you should not just forget this.
    Just be yourself and express it out

    so is the plan to send flowers collectively, on the same day?

    Is there a way we can help the citizens / GC / Locals and they can too, in - return, send flowers and the note on our behalf?

    lago raho...




    dkshitij
    11-19 10:21 AM
    Could we please change the Advocacy title? When I share the page on facebook, only the word Advocacy shows up. I would rather see this when I link it.

    Action Alert

    DREAM Act: Help the Legal Immigrants
    Get involved, Act Now
    Contact Members of Congress to request inclusion of ammendments in the DREAM act for Legal Immigrants.

    Also the spelling of amendments is wrong there as you can see above. Thanks!



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