desi3933
07-10 02:31 PM
@desi3933:
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
wallpaper The Voice basically looks for
kshitijnt
07-09 01:21 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
Nobody is going to promise you more than 6 weeks to 3 months in todays economy. I would say explore the "self employment" option by using EAD. Consult a lawyer and no need to file AC21. Let them find out. Keep looking for better options. All the best!
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
Nobody is going to promise you more than 6 weeks to 3 months in todays economy. I would say explore the "self employment" option by using EAD. Consult a lawyer and no need to file AC21. Let them find out. Keep looking for better options. All the best!
SleeplessinSeatle
08-18 12:12 AM
LUD on 08/05/07
Other details are in signature.
Other details are in signature.
2011 images 109 the voice tv show
sanjayc
08-18 08:41 PM
Applied for EAD on 24 July 2008, recd today. Valid for 2 years from the date of approval. Though lost almost 2 months on the previous EAD.
Mine AOS is EB2 - PD Aug 2006
Mine AOS is EB2 - PD Aug 2006
more...
rajeshalex
07-24 11:35 AM
applied on July 7th. Check cashed on July 11th
Waiting for receipt/approval
Waiting for receipt/approval
zCool
01-30 12:59 PM
Just for replying to this query - I have got 40 or so negative reputations.:confused: I understand that this is Free Lawyer Conference call forum.
Might have something to do with completely incorrect coment you left regarding 1 yr validity of h1 and all.. it's so not true that probably angered a few members with low BS tolerence
Might have something to do with completely incorrect coment you left regarding 1 yr validity of h1 and all.. it's so not true that probably angered a few members with low BS tolerence
more...
surabhi
04-23 04:30 PM
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
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reddymjm
06-07 10:53 AM
reddymjm,
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
My friend got his receipt numbers from TSC yesterday. We filed on the same day, same attorney, Attorney said his will go to TSC and mine will go to NSC. His receipt numbers start with SRC... if it is NSC it will be LIN.
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
My friend got his receipt numbers from TSC yesterday. We filed on the same day, same attorney, Attorney said his will go to TSC and mine will go to NSC. His receipt numbers start with SRC... if it is NSC it will be LIN.
more...
gch
05-28 12:13 PM
emailed 10 + 2
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chmur
07-27 01:21 PM
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
more...
desi3933
07-10 10:57 AM
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
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vbkris77
03-06 04:44 PM
Great job Mirage, if they can lift country cap for 2 years and work per law, it should resolve all the issues. Per their stats they published to DHS, they have 250K EB applications pending, even if you add 100K applications for the remaining, it should clear all the backlog.
Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.
Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.
more...
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gvenkat
09-10 07:02 PM
I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)
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surabhi
04-23 10:18 PM
Guys one more perspective:
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
Its not ideal world. I have personally experienced both types of desi companies. Some one has commented about hardships of Desi employers that they cant scale beyond 50 employees, lot of competition etc.
The reason they cant scale is they cant think beyond immediate future. When I suggested your ex-employee could bring you business, it was termed as long term sort of non-practical thinking. No wonder why many desi employers are where they are.
Overwhelming majority of desi employers that remain in staffing business havent learnt anything about running business. They are middle men not adding value to employee or the client. They thrive on fear, anxiety in employees and scare tactics created by contracts that they know are unenforceable.
What they dont realize is it takes 1 disgruntled employee who has nothing to lose and is willing them to take to the cleaners.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
Its not ideal world. I have personally experienced both types of desi companies. Some one has commented about hardships of Desi employers that they cant scale beyond 50 employees, lot of competition etc.
The reason they cant scale is they cant think beyond immediate future. When I suggested your ex-employee could bring you business, it was termed as long term sort of non-practical thinking. No wonder why many desi employers are where they are.
Overwhelming majority of desi employers that remain in staffing business havent learnt anything about running business. They are middle men not adding value to employee or the client. They thrive on fear, anxiety in employees and scare tactics created by contracts that they know are unenforceable.
What they dont realize is it takes 1 disgruntled employee who has nothing to lose and is willing them to take to the cleaners.
more...
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crystal
07-05 11:11 AM
You are absolutely right. The thread owner should have explained the concept for the non-indians and made it more acceptable by others.
It is never late , the thread owner can you please update in the first page regarding what this is all about.
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
It is never late , the thread owner can you please update in the first page regarding what this is all about.
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
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gc_on_demand
05-01 12:53 PM
gc_on_demand,
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
more...
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desi3933
07-09 11:37 AM
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
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alex99
07-02 09:51 AM
Sent on Jun 30 to reach on 2'nd July.
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chanduv23
07-10 03:41 PM
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
paragpujara
12-17 09:10 AM
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
h1b_slave
06-11 11:56 AM
Prefer seperate checks for each, with one check if even one application gets rejected all will come back - this is what my attorney said
My attorney asked just to give one cheque for $745 each for myself and my spouse for I-485, I -131 and I-765. Our applications will be filed today.
Is this OK. Will all the 3 receipt numbers be printed on the back of one cheque. Please let me know if anyone of you have done the same. Thank you.
My attorney asked just to give one cheque for $745 each for myself and my spouse for I-485, I -131 and I-765. Our applications will be filed today.
Is this OK. Will all the 3 receipt numbers be printed on the back of one cheque. Please let me know if anyone of you have done the same. Thank you.
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