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  • sankap
    07-09 10:47 PM
    I agree: you should take legal advice from as many attorneys as possible. In my experience with multiple attorneys on these topics (i.e., self-employed vs. W2 on EAD, and "filing" AC21), I got conflicting pieces of advice. So the only resources I could base my thinking on are USCIS and IRS.

    Supreet -

    I strongly dispute that. I encourage you to consult an attorney before taking any action.

    AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.

    .




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  • Sachin_Stock
    09-24 09:37 AM
    Consider the scenario:
    Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

    A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
    B joins a job on 2005 that do not need MS and experience and files for EB3.

    Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

    Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

    SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

    If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

    Therefore EB2s who are from mid 2006 onwards will really get pushed back..

    I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

    I hace passed this stage.. now its for you all to decide..

    The fact that B filed before A, puts B ahead of A. You must think of it as just one queue and not different queues.




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  • senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • go_gc_way
    10-22 01:44 PM
    Of all the threads , I found this is one of the most relevant threads discussing our problem..

    So there will be a lame duck session where at our retrogression problem will be discussed again. And chances of passing a relief are tough.

    What is economic recession's impact on retrogression when is it predicted , does any one know?



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  • SGP
    02-21 01:32 PM
    thanks updated total above.

    C'mon guys - Only about 90 have donated to this event out of an estimated 500,000 people in the queue. What is the message you're sending to Americans, including law makers about being able to work together?

    Can't agree less with tonyHK12. Come On Guys, this is the chance to prove our mettle and unity. What's holding you all back?:confused:

    __________________
    If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.




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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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  • delhiguy
    07-08 08:47 PM
    macaca, This is really good point


    There could be 3 reasons , which i could think of

    1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.

    2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)

    3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)




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  • unitednations
    08-24 09:28 PM
    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.



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  • sankap
    07-09 10:20 PM
    In that case, I *guess* you can show yourself as "permanently self-employed" for your own company--should be easy if you have an LLC that does business in "same or similar" occupation (e.g., consulting/PM). Should also be easy to state the *projected" yearly income on EVL.

    First read this post.

    http://immigrationvoice.org/forum/473142-post12.html

    This should clear your doubt. You can read RFE issued by USCIS on other forum as well. The word "permanent" is right there.


    .




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  • harpomarx
    07-10 01:04 PM
    Can anyone do a cartoon and we can post it on the internet?

    How about a caricature of Gonzalez holding a sign as follows:

    WASHINGTON�The Department of State has revised its July Flower Bulletin to reflect that all available flowers have been allocated for fiscal year 2007.
    As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to send flowers (Form I-356937) filed by aliens whose priority dates were current under the original July Flower Bulletin.
    U.S. immigration law limits the number of employment-based immigrant flower receipts that may be issued each fiscal year.



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  • kumarc123
    05-08 02:44 PM
    Please contribute...

    How about getting together on the 20th of this month,
    Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.


    Act fast, I know 20th is close, think about is as an emergency




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  • reddymjm
    06-08 06:07 PM
    My case was received by NSC on JUN 1st. They issued the recipt numbers on JUN 5th. I am still waiting on my wifes. They could clear on Monday.. Looks like NSC is also trying to speed up things. They are just one day slower than TSC in issuing recepts.



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  • imh1b
    02-04 03:48 PM
    Why is everyone making a big deal about going to India?

    If you want to go , then go.

    Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.


    Let everyone be green and happy.




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  • helmet
    09-03 02:14 AM
    received cpo email for EAD today. AP is still pending and there is a soft LUD on 9/1/08.
    RD: 7/15/2008



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  • Ramba
    07-10 02:11 PM
    Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.

    Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.

    Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)




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  • nixstor
    06-22 01:57 PM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?

    If this is the exact verbiage from his email, You can sue him for lying that filing for your 485 is a loss to company. Talk to a lawyer like Rajiv Khanna or Shusterman if he doesn't hep you file 485 before PD retrogresses. Get as much evidence as possible in email mean while, to set the record straight with a good law suit. If I were you, I would naively try to send an email explaining him that you have no intentions to abandon, company's financials are not affected because of your 485 (its totally personal) and get more crooked responses. Disgusting mo fo's. The most f#$%^ing irony is these AH's have gone through this and know the pain.



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  • alterego
    03-08 05:15 PM
    I agree that now their spillover policy is more horizontal than vertical.
    Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
    Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
    On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
    Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.




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  • RandyK
    05-23 08:52 AM
    :cool:




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  • Jimi_Hendrix
    10-17 01:47 PM
    you made two critical assumptions to support your claim:
    1) Since responses and postings of key members are sparse, they are working day and night on getting the immigration reforms through
    2) If key members post on these forums, they will necessarily post half baked news which causes excitement.

    Apparently you completely missed the point. I am asking core members to participate in discussion on these forums, not to put sensational headlines that excites people. Hope that helps.




    raghav235
    08-15 01:26 PM
    EB3_SEP04,

    My Receipt and Notice date is July 03, 2008, however there was a soft LUD on my case on July 08, 2008. And again another LUD on August 14, 2008 which is the approval.

    Thanks
    Raghav235

    Raghav, congrats and thanks for the update.

    Is July 08, 2008 also the Notice Date on your receipt notice? I'm wondering if generally there is one more LUD after the notice date and before the approval, when they pull the file off the shelf and start working on the case.

    for me no LUD after notice date.




    Lisap
    09-11 04:11 PM
    Hi Lisap,

    I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...

    Did ur case status say 'ordered' before you got the ead in mail?

    Thanks.

    No mine did not say that for myself or my husband. It just said approval notice sent. It still says the same thing it has never changed or been updated. It could be there system- who knows! I hope you get yours soon! Keep me updated.



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