ksam75
07-02 10:33 AM
Just called FedEx to find out why mine is not delivered yet. According to her, all USCIS packets remain at local FedEx facility. It seems FedEx will notify USCIS that there are packages to be picked up and they will be picked up by the USCIS agent (mail man??). It seems USCIS dont actually allow packets into their bldg. She says FedEX has no control on when the USCIS agent will come and pick up the package
wallpaper tattoo designs on feet
munnu77
04-23 05:08 PM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
we already have one..
www.desicrunch.com
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
we already have one..
www.desicrunch.com
mariner5555
04-30 02:29 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
---------------
Alex ..does this mean EB3- I will move to 2004 mid atleast ;) ? nowadays getting hope lifts spirits too :-D
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
---------------
Alex ..does this mean EB3- I will move to 2004 mid atleast ;) ? nowadays getting hope lifts spirits too :-D
2011 Flower Tattoo Ideas for Girls
maverick_joe
05-12 12:37 PM
are they talking abt EB3 I or ROW or both here?
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
more...
apt29
01-30 05:02 PM
Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it..
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).
h1bmajdoor
12-16 06:01 PM
As much as all of us on this board would like to get our GCs, remember that GC is just a means to an end, it is not the end itself. Dont make the GC so important that not getting it starts "depressing" you.
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
more...
GCEB2
09-04 11:07 AM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Even I submitted my application to NSC later it got transferred to TSC
My receipt number starts with WAC-XX-XXX-XXXX
How about yours...
I was just wondering are they holding card of WAC..?
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Even I submitted my application to NSC later it got transferred to TSC
My receipt number starts with WAC-XX-XXX-XXXX
How about yours...
I was just wondering are they holding card of WAC..?
2010 Heart Tattoo Designs For Feet
modvik
05-02 12:12 AM
If any of these do succeed to make it through the congress, does it mean that the retrogression problem be totally eliminated (at least for the short term)?
more...
munnu77
05-05 09:21 PM
keep pressure on Cronyn to put it on debate by contacting him by fone or fax
hair 2011 flower tattoo designs for
desi3933
06-28 11:47 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) 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.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) 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.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
more...
fightnow
07-06 07:32 PM
This event has been registered at SJPD but no permit was issued.
Having a permit means you can block the traffic.
Without a permit, we are required to stay on sidewalks.
The police put down my name, driver license # and address.
However, when I asked if I have any liability for others fault, the ploice said NO. Everybody abides by law for himself.
Having a permit means you can block the traffic.
Without a permit, we are required to stay on sidewalks.
The police put down my name, driver license # and address.
However, when I asked if I have any liability for others fault, the ploice said NO. Everybody abides by law for himself.
hot foot tattoo ideas. rose flower
simple1
05-01 02:16 PM
FB2A which is not very far behind.
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 ?
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...
house Tattoo designs for feet
nepaliboy
05-21 06:08 PM
i had biometric yesterday but no Lud yet until today .
when i will see LUD?
what is soft LUD and hard LUD?
when i will see LUD?
what is soft LUD and hard LUD?
tattoo Foot Tattoo Butterfly tattoo
raju123
07-09 06:42 PM
woowww great news. keep up guys. tomorrow will be our day. I am sure media will have big attention on this issue!!
It would be great, if few people remain present at USCIS HQ. DC, VA, MD people please it is golden chance !!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
+++++++++++++
It would be great, if few people remain present at USCIS HQ. DC, VA, MD people please it is golden chance !!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
+++++++++++++
more...
pictures Lotus Flower Foot Tattoo
gcspace
10-03 10:17 AM
Hey Guys ,
I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..
I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.
Anyone else got a similar response ?
To my knowledge its not business days, its 90 calendar days.
I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..
I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.
Anyone else got a similar response ?
To my knowledge its not business days, its 90 calendar days.
dresses Small feminine tattoo have an
smuggymba
07-20 10:34 AM
IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.
more...
makeup Lotus Tattoo Designs
jthomas
12-17 07:54 PM
I read and hear the same thing over and over again, NO SAVINGS,
It is also true for me, NO SAVINGS, We all earn a better salary from others since we are high level professionals, born from a indian family. Where are we wrong.
my first 3 years used to save money, from last 3 years i have no savings. better lifestyle than india. Canadian green card backed up. paid paid money to immigration lawyers for US and canada. , NO US education. Helped friends and relatives financially. Setup a business in india, just doing Okay.
Now i am thinking is it worth staying in US away from parents.
1. Good health (which we often take for granted)
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
It is also true for me, NO SAVINGS, We all earn a better salary from others since we are high level professionals, born from a indian family. Where are we wrong.
my first 3 years used to save money, from last 3 years i have no savings. better lifestyle than india. Canadian green card backed up. paid paid money to immigration lawyers for US and canada. , NO US education. Helped friends and relatives financially. Setup a business in india, just doing Okay.
Now i am thinking is it worth staying in US away from parents.
1. Good health (which we often take for granted)
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
girlfriend flower tattoo designs for
JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
hairstyles Hawaiian Flower Tattoo Designs
eb3_nepa
07-05 01:29 PM
Instead send flowers to the MEDIA itself to notify them of how the sweet smell of the flowers reminds you of how sweetly various Government agencies have screwed us.
Better still, send them a Bundle of your SMELLIEST Trash (the media NOT the lawmakers). Let the card read something like, "I smell a STINK at the USCIS/DOS/DHS" or "The Legal immigration policy STINKS!"
Trash zero dollars
Card from Hallmark, two dollars 50 cents.
UPS Fee ten dollars.
Getting the Message Through ---- PRICELESS ;)
Better still, send them a Bundle of your SMELLIEST Trash (the media NOT the lawmakers). Let the card read something like, "I smell a STINK at the USCIS/DOS/DHS" or "The Legal immigration policy STINKS!"
Trash zero dollars
Card from Hallmark, two dollars 50 cents.
UPS Fee ten dollars.
Getting the Message Through ---- PRICELESS ;)
nixstor
07-07 10:26 PM
I think we should go to USCIS/DOS office. But problem is we have to do this on weekdays and most of member won't be join on weekdays because of work.
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
sankap
07-09 10:00 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
No comments:
Post a Comment