Saturday, July 2, 2011

Cute Valentines Day Borders

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  • 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




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  • imconfused
    07-08 11:22 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    i agree.. thats being professional and ethical..




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  • Rohan99
    10-10 09:33 PM
    I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
    Hope every one of us will receive our receipts, EAD and AP asap.

    Congrats bluesky1!!!
    Can you tell us more about your application like RN on receipt? TSC or NSC?




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  • 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.

    +++++++++++++



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  • anilsal
    10-24 11:53 PM
    When you go for visa revalidation at US consulates outside and by bad luck, you have a hit on your name, there will be a security clearance issued on you. From what I am hearing now, it is taking upto 8 months. Will you retain your job?

    I am guessing that the dems will relax this a bit or atleast listen to the problems faced by visa aspirants, if someone approaches them in the future. For them, the world does not only revolve around terror. There is life outside it!

    Also, the constant feed from media about terror is sickening me. Can I have peace of mind when I travel or watch tv?

    Irrespective of who wins the elections, we have our work defined. Pass SKIL bill, provide retrogression relief etc.




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  • dixie
    12-15 02:29 AM
    I totally agree - our concern should begin and end with whether our interests are addressed or not. This is not the time to argue and nitpick on what is good for the whole world in the long term - remember, there is no "long term" for us without a GC. Lets be realistic - its a done deal that EB reform if all it comes up, will come with either a generous H1-B increase or illegal alien amnesty or both of them. Its not our job to worry about excessive immigration - the anti-immigrants and their friendly congressmen are always there to raise a hue and cry and dilute any and all pro-immigrant proposals. With them at work, if we ask for a yard we will get a foot, if we ask for a foot we will end up with not even an inch.
    Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.



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  • gcnotfiledyet
    02-26 10:49 AM
    This is what i understand and i might be wrong, and this is specifically from my perspective and i am not representing IV.

    For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.

    I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.

    Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.

    But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.

    At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.

    Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.

    I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.

    I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.

    GO I/WE GO. TOGETHER WE CAN.

    Very well written. We need this kind of language material to present to our friends. You got my contribution. How do I donate $20? I don't see tab for that money on page. Minimum for one time contribution I see is $100. Also is there any way that I do not have to use paypal and directly use my cc to pay?

    Also not all of us are as good in writing or speaking the same language. I am glad you understand the pains of IV core but unfortunately all of us have not gone through the same things as you have. So we surely need some convincing on part of IV. This post I see is right step. I need some more info to present to my friends, as to why they should contribute. That would be perfect.




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  • dpp
    07-27 09:23 PM
    I was looking at the comments of one "sodepressed" in the Ron gothcer's forum..I am feeling really bad for this guy..I dont know what logic USCIS follows..but I assure you EB-3 I will fight for fair share and get it..with in 140 K numbers or thro Visa recapture #'s..first is to highlight our problems..so lets do it in creative ways...

    EB-3 I I can see we progressing very soon..lets send out those letters..


    :)

    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.



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  • fundo14
    04-18 05:43 PM
    Hi All,

    I have to do the landing before june, 2008.

    I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.

    I am planning to do the landing in last week of may via Niagra falls. (toronto)

    anyone with similar status done landing please share your experience.

    Thanks




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  • WaitingYaar
    02-07 11:21 AM
    If you use AP you enter the US as a "parolee". (Is that how you spell it?).
    If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
    since I have not yet used my EAD or AC21.

    To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.



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  • decipher
    05-23 11:51 AM
    mailed 2(CA)+20




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  • pappu
    03-12 07:40 AM
    Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.

    Thank you ALL for responding to my post.

    I also sent an email to my congress-women and lets see if go through.

    Thanks again to all of you out there.
    Thanks for responding.
    Pls consider adding your story in the thread http://immigrationvoice.org/forum/showthread.php?t=1940
    Pls update your profile with your contact information and name so that we can get your plight published and make some impact via media. Thanks for being part of the struggle. This community understands your plight and we are also in the same boat. Lets use this energy to work on IV action items and enable a change in the broken immigration system.



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  • justAnotherFile
    07-02 09:31 AM
    Type: Package
    Status: In Transit - On Time
    Scheduled Delivery: 07/02/2007
    Shipped to: DALLAS, TX, US
    Shipped or Billed on: 06/29/2007
    Service Type: NEXT DAY AIR


    still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business




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  • asethura
    08-23 12:53 PM
    Hi Greatdesi,
    My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
    Hope this helps.



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  • neerajkandhari
    10-09 09:08 AM
    I am july 2 filer

    I believe 180 days are over around 31 dec 2007 for using AC21

    I am planning to quit my job and go to india for max 3 mnths

    I have a job offer and they are ready to hire me from 1 april 2008

    what precautions should i take so i dont have problems while coming back

    I am planning to use AP for travelling and EAD for working




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  • spulavarthi
    07-20 10:39 AM
    My pledge $100 for Aman.



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  • abracadabra
    07-07 09:24 PM
    We will only come to this forum. We are 100 guys ready in DC.




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  • virald
    01-21 03:30 PM
    Hello

    I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
    Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?


    This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".

    Any suggestions?




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  • pbuckeye
    11-17 05:06 PM
    Done.

    Message sent to:

    Senator Sherrod Brown (D-OH)
    Senator George V. Voinovich (R-OH)
    Representative Patrick J. Tiberi (R-OH 12th)

    I think the Republicans on that list are somewhat supportive anyway.




    felix31
    04-30 11:55 AM
    And has a lot of backing from the hi-tech industry.

    Also, this bill (as per my understanding) does not have to do anything with the illegal aliens and so should not rankle anyone. Also since Cornyn is the author, other conservatives (hopefully) will not have many issues with it and not many will argue about a bill that has to do with American Competitiveness.

    good news...

    when will the debate start in the senate?




    SunnySurya
    08-18 01:32 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.
    Sunny Surya,

    With all due respect let me make a couple of observations here.

    1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.

    2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?

    3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?

    If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?

    One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.

    Thanks!



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