Thursday, June 30, 2011

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  • supreet
    07-08 04:02 PM
    Hello All,

    After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

    Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

    OR

    Is being on 1099 while on EAD a bad idea and I should stay away from it?

    Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

    Thanks all for you replies!!!

    - S




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  • sina
    08-27 01:20 PM
    Case was filed on July 6th (485, 131 and 765). Not sure when it reached NSC.
    I-140 approved from TSC in 2006.
    No receipts and no checks cashed yet.:(




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  • desi3933
    05-11 05:16 PM
    we are talking about inclusion logic here. Not the exclusion logic.

    I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.

    I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.

    Read for yourself.

    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • zeta7
    06-22 09:30 PM
    Zeta, congrats on ur successful landing and more so due to non-issues at the US side. I completed my landing in May, 2008 and its been about 4 weeks and my friend in Canada hasn't received the card yet. So, I'd assume its common. Yes, as u r not earning any income, there r no tax filing issues. Have u also applied for a SIN and opened a bank accnt? I've done neither. I just did the landing (was barely for about 30 mins in Canada), took a U-turn and came back to the US :). Unlike u, I used AVR to return back to US.

    Yeah, I applied for an SIN card, and received a temp number as well at the same time. I didn't open a bank account however. Hope we receive the PR card soon, then at least the angle to the north is taken care of for the time being.



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  • n_2006
    06-27 10:29 AM
    If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.


    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.




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  • psk79
    08-21 10:19 AM
    Application received by R.Mickels on 07/02/07 at NSC ( I485/I131/I765), LUD on my I 140 on 07/28/07.My I 140 approved April 06. No receipts/ checks cashed. I m From NY,I think my application transfer to TSC.
    Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.

    I had a LUD on 7/28 and nothing after that... My I140 approved in Texas in April2006. I think we should get the receipt number here pretty soon...



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  • dontcareanymore
    07-28 12:48 AM
    1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.

    2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.

    3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.

    <Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >

    4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.

    Now that I have the disclaimers out of the way, Here is what I have to say:

    Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?

    What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?

    What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.

    You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
    Will give you an example :

    Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?



    It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.

    If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.

    I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers




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  • alex99
    04-30 02:06 PM
    gcbikari ,

    Your argument is wrong. From the PERM FLATDATA Center DATA,

    These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:

    2003--->62912
    2004--->43,582
    2005---->6133
    -----------------
    1,12,627
    ---------------



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  • kannan
    05-07 04:00 PM
    Last Friday I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,today I got the letter.

    Options That I choose

    1-800-375-5283
    1
    2
    2
    6
    1
    R.no
    1
    3
    4




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  • amitjoey
    11-17 05:33 PM
    Posted on the Northern California chapter.

    Chapter leaders- Please post on your chapter groups.

    If you know your state chapter leaders, please ask them to post on the yahoo groups.



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  • lazycis
    10-11 03:16 PM
    What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.

    The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.

    I did use AC21. The law says (see 8 USC 1154(j)):

    "A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."

    So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).

    Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.




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  • new_horizon
    03-05 03:59 PM
    I landed in Jan08 thru Windsor border in Michigan. I drove in my car to CA. You'll go to the immigration officer who'll check your landing docs, and then ask you to sign the landing document. Then show them the proof of funds. I had a cashier's check for the amount. Then you'll be asked for an address in CA. If asked tell them you are planning to settle at the address. If you say you are returning to US, they'll not give you the PR card saying when you come to live in CA they'll issue it. I made that mistake. They stamp your passport with the entry stamp. Without a PR card you can't enter CA at an airport. Your only option is driving to CA thru a land border. They'll let you in with just the stamp on the PP. Fortunately I live close to Windsor border.
    As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.



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  • doshhar
    07-07 12:33 PM
    I have started similar mission on Murthy but didn't get much attention. I think this is the right place to discuss this.

    I can gather 100+ people from Chicago for peaceful rally on July 14th at Chicago USCIS office.

    Any one from Chicago reading this thread?

    Let's DO IT




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  • babu123
    07-02 08:43 AM
    Jul 2, 2007 7:27 AM
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  • desi3933
    06-28 11:07 AM
    desi - You seem to have in depth knowledge in this. All your posts put together gives the complete picture.


    Thanks so much, for your kind words.

    If not in IT field, I would have been in Immigration Law field.


    .




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  • slowwin
    02-12 01:37 PM
    "self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
    " i did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.

    peace.....!!!



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  • subdhar
    08-30 12:07 PM
    Apporval from TSC or NSC??




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  • imh1b
    02-04 03:51 PM
    I cannot stand the Sardar and his super corrupt party also sick of seeing that joker 'Rahul Gandhi' face they show him 24 X 7 on all Indian channels...I curse him every single day when I see his face in the Newspapers. These b..stards have eaten our country like parasites. If I go to India, I will have to see his face everyday...I'll rather see Obama..

    But you watch Indian TV and see him everyday? :D

    Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.




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  • dixie
    10-18 02:14 AM
    I was in a similar situation .. my employer ended up applying using my bachelor's degree. You can do that, as long as you are not claiming one of the 20000 visas exempted from the cap for masters degree holders.
    As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.




    Tito_ortiz
    05-24 01:21 AM
    Vijjus, this is coming from a veteran:
    There is not such out of touch congressmen or further education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.

    The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year. The "brighest and the best" out there, a typical individual on the mid 30's with 10+ year of experience, masters degree and tons of sweating and bleeding in the IT world, I am not sure whether Bill Gates want to open the wallet and pay more than $100K. They would prefer to outsource the work to China - not even India anymore. That is the reason and the only reason only which explains why wages have not increased to IT programmers in the last few years.

    Illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here. Since illegal aliens are in higher numbers and can deliver more not offshoreable productivity than us, so that is the reason why they are the ones getting the red carpet.

    At this moment our incluence is minimal, if not not pathetic. As a matter of fact, I am afraid that more our category of workers fight and protest, more the American people will be outraged and scared and will react calling *their* congressmen even harder in order to push us all out.

    For the naive and dreamers out there who are shaking their heads after reading the above and believe that the above is propaganda, so just think about it.



    Thanks,

    Tito Ortiz

    ,

    (disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)

    I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?

    I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.

    Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?




    reddymjm
    05-02 12:11 PM
    Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
    Do u think admins should ban people from expressing views if joined after a certain cutoff date???

    in contributions and in any thing else... I started contributing even before lot of people here heard about IV.



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