Saturday, July 2, 2011

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  • gc_on_demand
    11-19 05:15 PM
    Thank you for contacting me to express your concerns regarding the management of Employment-Based Second Preference Visas. Your opinion is very important to me, and I appreciate the opportunity to respond to you about this issue.



    The number of unused visas is a concern that plagues our current immigration system. As a result, I believe it is important to reform our immigration system to meet the demands of our global marketplace. You may be pleased to know that I introduced S. 1085, the Reuniting Families Act (RFA), to not only address the issue of family reunification, but also to recapture employment-based visas that haven't been used in past years so that they may be used in future years. This bill also eliminates the current backlogs and long wait times in the family immigration system. Please rest assured that I will keep your views in mind as I continue to address the concerns of employment-based visas in the context of comprehensive immigration reform.



    Several Senators including myself are currently working on a comprehensive immigration reform framework that aims to fix all the problems within our current immigration system. I thank you for sharing your thoughts with me, and I appreciate your support. Please do not hesitate to contact me if I can be of further assistance. I invite you to visit my website (Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov)) to learn more about how I am standing up for New Jersey families in the United States Senate.




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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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  • anilsal
    07-20 11:04 PM
    Please use this thread to track your TSC EADs (Paper-filed). ****No E-File based filing details here****

    * Please do not ask questions about your case.
    * Only Paper Based Filings should be tracked on this thread. Please use the other tracker threads.
    * Provide details about your filing date, RFEs and approval dates here.

    Additionally, do consider the "High Five" Campaign.
    http://immigrationvoice.org/forum/sh...ad.php?t=20183 (http://immigrationvoice.org/forum/showthread.php?t=20183)

    Other Trackers:
    NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
    NSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20344 (http://immigrationvoice.org/forum/showthread.php?t=20344)
    TSC EAD E-File: http://immigrationvoice.org/forum/showthread.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20347)

    NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
    TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)




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  • akred
    05-01 12:40 AM
    A plain reading of the INA supports this contention. But then the USCIS always works in mysterious ways.



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  • franklin
    06-08 02:10 AM
    noob question: your signature states a PD of 4/04 and EB3.
    How can you file your I485 now?

    Am i the only one not up to date?

    Simple - ROW (aka Rest of World). Different "countries of birth" have different current Priority Dates

    You'll notice from the excerpt below that the current (June 07 bulletin) for my particular category is June 05

    ROW China India Mexico Philippines
    3rd 1JUN05 01JUN03 01JUN03 01JUN03 01JUN05




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  • Jimi_Hendrix
    10-27 11:10 AM
    I do not think IV is standing alone on this issue. I think that IV is making alliances based on our membership size, funding and reach capabilities. Many times when such alliances may be formed, the other side may not want to be identified in the media. This is particularly true in the current political climate where each side is out to villify the other. I believe that as individuals we should keep creating more awareness among fellow retrogression sufferers and GC applicants alike. I find it amazing that there are so many applicants out there who have not heard about IV. I keep meeting people who suffer from so many retrogression issues and then again they are doing nothing to fight it.



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  • alterego
    10-26 12:03 AM
    Hi Ahimsa and other poster who questioned this:

    Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.

    Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.

    One more indication for you, which doesn't rely on biased polls:
    In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.

    Here, a fresh related evidence. Those who have an open mind should be able to understand this:
    http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283

    Does the Workplace Welcome Differ?

    Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."

    Talk about this article and get advice on the Diversity at Work message board.


    Here is a fresh poll for you, since you asked:
    source:numbersusa.com (the poll was not conducted by numbersusa.com though).

    QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
    % SAYING

    NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.

    REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
    ALL VOTERS 64 3 26 6
    Male 64 3 26 6
    Female 65 2 26 6
    PARTY
    Democrat 59 2 32 6
    Independent 59 4 31 4
    Republican


    Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.

    The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.

    US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.




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  • gclabor07
    11-17 03:26 PM
    Done.



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  • mygc2006
    08-20 01:19 PM
    Priority Date - Aug 2002
    EAD Renewal Mailed - Aug 5, 2008
    Received by USCIS - Aug 9,2008
    Last LUD - Aug 19, 2008




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  • Pineapple
    10-26 11:55 AM
    Thanks for clarifying. At first glance, the points you propose seem eminently reasonable and cannot be disputed. However, the real issue here is not what we "should" but what we "can".

    Re contacting NumbersUSA and FAIRUS, do go ahead but I'm certain there is no chance of them holding hands with us and singing 'Kumbaya'. The discussions and postings on those sites look like they have been written up by "Ed Anger" of the World World News :D

    And re toning down immigration bills to our advantage, you have to recognize that the primary issue is not that a bill will be passed which will not be optimal - the issue is whether any bill will be passed at all.

    Hi Pineapple,

    That is my favorite fruit !

    Very simple.

    1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.

    2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.

    Thanks for asking.

    The Ombdusman



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  • lasvegas
    02-04 09:23 PM
    Hello:

    I am planning to do landing in Canada in the next couple of weeks. Anyone want to join me or willing to share information and knowledge? I am thinking of going to Toronto. Please send me a private message.

    Thanks.




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  • GTGC
    09-16 04:53 PM
    Great Thanks. Please PM me your email ID, Ph# and amount u would like to pledge.

    I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!

    we've gotta keep moving forward ....!



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  • sanjay
    02-09 03:38 PM
    Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW

    @buddyinsd

    I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?




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



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  • rick_rajvanshi
    07-22 01:19 AM
    Hey guys

    My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!

    I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?

    Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?

    -thanks.


    I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.

    Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.




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  • GCBy3000
    06-05 10:03 AM
    Is there premium for I485?

    My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.



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  • va_il
    05-02 12:29 PM
    mrajatish is right.

    Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).

    I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.




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  • acecupid
    09-25 03:58 PM
    Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)

    YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)




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  • vij
    06-14 02:36 PM
    Did any one filed on june 1 and still waiting for RD notice




    sts_seeker
    02-05 02:20 PM
    Hi All,
    I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.

    I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
    So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)

    Thanks
    Sts_seeker




    Rohan99
    10-14 04:24 PM
    Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?

    I am planning to travel in November hence worried. If you know approx FP dates please let me know.



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