cjain
11-01 05:18 PM
pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
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sankap
07-10 12:47 PM
@desi3933:
Are you suggesting that AC-21 job does not need to be bonafide?
Then you claimed that AC-21 job does not be same/similar to labor/I-140.
Where did I say that AC-21 job does not need to be the same as I-140 petition? It's clearly a requirement on the Yates memo. "Do you even read what are you saying" (to quote you)?
Second, re "permanent" job, the Yates memo clearly doesn't say that requirement--the RFE you quoted does . Also, since no source has been able to define what a "permanent" job is, I said that ALL contract jobs and self-employment can be shown to be permanent. Surprisingly, your interpretation is that NO H-1B job is "permanent!"
Now you have changed stand on these two after seeing one RFE example.
I did not change my stand on "permanent" job--no source has been able to define what that is. So, inserting that in the EVL in case of as RFE should not be a problem.
Now, you are saying new AC-21 job does not be bonafide.
I'm not saying that the "AC-21-job does not be bona fide." You *assumed* that, which is what you need to stop in your arguments. All I asked you is, where did you read that?
Do you even read what are you saying?
.
Are you suggesting that AC-21 job does not need to be bonafide?
Then you claimed that AC-21 job does not be same/similar to labor/I-140.
Where did I say that AC-21 job does not need to be the same as I-140 petition? It's clearly a requirement on the Yates memo. "Do you even read what are you saying" (to quote you)?
Second, re "permanent" job, the Yates memo clearly doesn't say that requirement--the RFE you quoted does . Also, since no source has been able to define what a "permanent" job is, I said that ALL contract jobs and self-employment can be shown to be permanent. Surprisingly, your interpretation is that NO H-1B job is "permanent!"
Now you have changed stand on these two after seeing one RFE example.
I did not change my stand on "permanent" job--no source has been able to define what that is. So, inserting that in the EVL in case of as RFE should not be a problem.
Now, you are saying new AC-21 job does not be bonafide.
I'm not saying that the "AC-21-job does not be bona fide." You *assumed* that, which is what you need to stop in your arguments. All I asked you is, where did you read that?
Do you even read what are you saying?
.
surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
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willigetgc?
02-25 01:25 PM
Donated $50 via paypal
Your transaction ID for this payment is: 0AD43776BW681541E.
Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)
have you sent pm to vin13? please make the task easier for the volunteers and pledge support in the right threads...
participation in the advocacy thread
contribution in the contribution thread
airmiles, carpool and hosting in the airmiles, carpool and hosting thread.
If you have already done so, many thanks.
Your transaction ID for this payment is: 0AD43776BW681541E.
Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)
have you sent pm to vin13? please make the task easier for the volunteers and pledge support in the right threads...
participation in the advocacy thread
contribution in the contribution thread
airmiles, carpool and hosting in the airmiles, carpool and hosting thread.
If you have already done so, many thanks.
more...
chantu
02-09 02:40 PM
Thanks Akhil,
Here are the details:
Payment Sent (Unique Transaction ID #1E592259U64890231) $25
Thanks.
Chantu, sorry to hear about your situation.
I hopw you find a job soon.
Here is how you can make the #25 contribution.
Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.
GO IV GO. TOGETHER WE CAN.
Here are the details:
Payment Sent (Unique Transaction ID #1E592259U64890231) $25
Thanks.
Chantu, sorry to hear about your situation.
I hopw you find a job soon.
Here is how you can make the #25 contribution.
Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.
GO IV GO. TOGETHER WE CAN.
akhilmahajan
02-10 01:35 PM
Thanks a lot sujijag.
Grand Total - $1094
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Contributed $50
Immigration Voice $50.00 02/13/2009 8MWS5-D1N6F
Grand Total - $1094
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Contributed $50
Immigration Voice $50.00 02/13/2009 8MWS5-D1N6F
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chandarc
07-21 11:01 AM
Anyone interested in email template I used to send...?pls let me know.
chandarc July 12 2010 --------------- Automated email response
chandarc July 12 2010 --------------- Automated email response
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browncow
07-09 01:39 PM
The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
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Lasantha
07-28 12:58 PM
OK. So now we are fighting between EB2-India and EB3-India, are we?
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
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Rohan99
10-12 10:26 PM
THANKS! I will wait for my turn and hope that my application is right next to you.
GKBest, it takes minimum two days to appear on computer records for the customer care to tell you. My application was entered in system on 10th october but rep could only see it on 12th oct.
GKBest, it takes minimum two days to appear on computer records for the customer care to tell you. My application was entered in system on 10th october but rep could only see it on 12th oct.
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SleeplessinSeatle
08-02 10:26 AM
My case was received by NSC on Jun 25th. No word yet. My I-140 is from Texas. Very worrying situation,
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Legal
07-28 10:18 AM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
I know only of Java coffee:). I promise you Ron Hira wouldn't be interested in my application.
It looks like EB2-EB3 having overlapping qualifications is a major source of frustration for you. I have similar issues with EB1-EB2 overlaping qualifications.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
I know only of Java coffee:). I promise you Ron Hira wouldn't be interested in my application.
It looks like EB2-EB3 having overlapping qualifications is a major source of frustration for you. I have similar issues with EB1-EB2 overlaping qualifications.
more...
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kshitijnt
05-09 10:08 PM
For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
-a
Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.
-a
Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.
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alisa
09-14 02:29 PM
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
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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.
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.
dresses Those Were the 90s!
cool_desi_gc
09-03 06:26 PM
EB3 India
EAD Sent 07/10/08
ND : 07/14/08
No LUD's since then.
Card production Ordered email on 09/03/08
EAD Sent 07/10/08
ND : 07/14/08
No LUD's since then.
Card production Ordered email on 09/03/08
more...
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dingudi
12-18 03:24 PM
Dingundi,
I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.
It has already been 45 days since the letter was dated. NO FP nothing.
Has going to IO helped anybody is getting a FP notice? That seems my last resort.
If its TSC then I do not think it will help at all. Whenever I talk to IO their only response if they are waiting for availability at local ASC.
So TSC people are out of luck.
I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.
It has already been 45 days since the letter was dated. NO FP nothing.
Has going to IO helped anybody is getting a FP notice? That seems my last resort.
If its TSC then I do not think it will help at all. Whenever I talk to IO their only response if they are waiting for availability at local ASC.
So TSC people are out of luck.
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nmdial
07-21 08:13 AM
When we talk about fairness, we forget the fact that life is not fair. Instead of a division among ourselves, we should aim for a constructive approach otherwise this whole advocacy drive would be futile.
hairstyles Cartoon characters of the #39;90s
bigboy007
07-04 11:16 PM
May be he will good for you dude. :D
payur
06-27 02:31 PM
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
How long are you supposed to be with employer after getting GC?
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
How long are you supposed to be with employer after getting GC?
lelica32
06-05 10:02 AM
Hello!
I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.
Cheers,
J.
My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.
I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.
Cheers,
J.
My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.
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