sankap
07-10 01:04 AM
[QUOTE=desi3933;486996]1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
wallpaper shows Chicago White Sox
amslonewolf
11-17 03:12 PM
done. that was easy.
EADplease
08-27 12:09 AM
My 485 application was sent to TSC on July 24th (received on July 25th). No receipt yet and don't know whether the checks have been cashed or not -- my attorney is enjoying her vacation!
I-140 has been approved at TSC on Aug 15th 2007 (applied mid Feb).
EB2.
I-140 has been approved at TSC on Aug 15th 2007 (applied mid Feb).
EB2.
2011 Chicago White Sox
mariusp
02-15 08:04 AM
No FP yet... NSC Received Date July 12, 2007 - Notice Date TSC Sept. 10, 2007. All in all, almost 6 months and no sign of a biometrics appointment... bummer.
more...
obviously
07-09 05:06 PM
Please re-use... there are over 8 flyers READY TO USE in .pdf format !!!!
http://immigrationvoice.org/forum/showthread.php?t=3361
Good luck!
http://immigrationvoice.org/forum/showthread.php?t=3361
Good luck!
reddymjm
05-01 09:04 AM
Look Here
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
EB2 went to U and then because of EB1 they are available. so it could be all EB3 numbers left. In that case we can see considerable movement in EB3. If EB3 ROW becomes current or close to current next visa bulliten there might be some movement for India and china in coming months or atleast IN FY 2009.
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
EB2 went to U and then because of EB1 they are available. so it could be all EB3 numbers left. In that case we can see considerable movement in EB3. If EB3 ROW becomes current or close to current next visa bulliten there might be some movement for India and china in coming months or atleast IN FY 2009.
more...
hoolahoous
08-20 10:44 PM
Okay guys.. now the journey is over for me. I finally got my physical cards in mail. for some reason I never got CPO email/text. All I got decision and post decision emails. Since it had been couple of weeks since decision I was getting uneasy (because of no CPO).. but I got physical cards in mail today !
best of luck to everyone waiting.
best of luck to everyone waiting.
2010 Chicago White Sox Jerseys,1919
Aah_GC
05-19 09:42 PM
Same boat guys. July 07 filer and have not received my FP yet. My lawyer thinks it should not be a problem at all, and I read of a case here who got his GC without ever fingerprinting.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
more...
tonyHK12
02-05 04:10 PM
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
hair 1919 Chicago White Sox Team (lg)
desigirl
07-20 10:24 AM
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
as gc28262 has indicated, that proper analysis and the correct interpretation of the law is needed to change such matters. Unless, EB3 people come out of the lethargic content/self pity and start working on the issues as if their life depended on it (it does) - just writing to the senators and representatives will not help. The legislative offices is not going to do the analysis (in the time that matters to us) and address it to the USCIS. However, if we do the ground work and then approach them, we may have a better chance of succeeding.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
as gc28262 has indicated, that proper analysis and the correct interpretation of the law is needed to change such matters. Unless, EB3 people come out of the lethargic content/self pity and start working on the issues as if their life depended on it (it does) - just writing to the senators and representatives will not help. The legislative offices is not going to do the analysis (in the time that matters to us) and address it to the USCIS. However, if we do the ground work and then approach them, we may have a better chance of succeeding.
more...
dan19
11-21 10:48 AM
Dear Mehul,
God will protect you and your family.
She should get some waiver. Contact the nearest Congressman's office.
Dan
God will protect you and your family.
She should get some waiver. Contact the nearest Congressman's office.
Dan
hot 1919 CHICAGO WHITE SOX MONTAGE PHOTO | eBay
sheela
08-01 05:02 PM
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?
if I-140 is approved at Texas.
Has anyone have any idea?
My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?
more...
house The 1919 fix by the White Sox
indianabacklog
11-21 07:16 PM
Just a thought.
If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.
Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.
If nobody tells the USCIS then the wheels will continue to grind along anyway.
Just a thought.
If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.
Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.
If nobody tells the USCIS then the wheels will continue to grind along anyway.
Just a thought.
tattoo and Chicago White Sox.
black_logs
05-03 10:37 AM
Yes, that is one of the parts I loved in this bill.
We have to go to a consulate in our home country to get VISA stamping.
1000's of us are affected. SKIL bill Section 402 is addressing this.
We have to go to a consulate in our home country to get VISA stamping.
1000's of us are affected. SKIL bill Section 402 is addressing this.
more...
pictures and the Chicago White Sox
KiranKashi
02-06 09:48 AM
Contributed $50.
Transaction ID for this payment is: 9HC60443VA201913V.
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
Transaction ID for this payment is: 9HC60443VA201913V.
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
dresses View White Sox Schedule Here.
chanduv23
07-09 03:34 PM
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I have talked to few people who do self employment. This is what they have to say.
"As long as the job duties are same or similar, it is fine",
"You must be a W2 employee of your firm"
"The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"
I am also trying to do some research on this.
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I have talked to few people who do self employment. This is what they have to say.
"As long as the job duties are same or similar, it is fine",
"You must be a W2 employee of your firm"
"The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"
I am also trying to do some research on this.
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
more...
makeup The White Sox design team
Libra
07-06 10:38 PM
WOW!! I really feel good and proud to be a member of IV, many members(even seniors) should learn from you guys, instead of critisizing whatever others do, come up with good ideas.
girlfriend 1919 Chicago White Sox | Flickr - Photo Sharing!
alterego
10-26 12:03 AM
Hi Ahimsa and other poster who questioned this:
Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.
Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.
One more indication for you, which doesn't rely on biased polls:
In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.
Here, a fresh related evidence. Those who have an open mind should be able to understand this:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283
Does the Workplace Welcome Differ?
Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."
Talk about this article and get advice on the Diversity at Work message board.
Here is a fresh poll for you, since you asked:
source:numbersusa.com (the poll was not conducted by numbersusa.com though).
QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
% SAYING
NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.
REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
ALL VOTERS 64 3 26 6
Male 64 3 26 6
Female 65 2 26 6
PARTY
Democrat 59 2 32 6
Independent 59 4 31 4
Republican
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.
The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.
US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.
Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.
Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.
One more indication for you, which doesn't rely on biased polls:
In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.
Here, a fresh related evidence. Those who have an open mind should be able to understand this:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283
Does the Workplace Welcome Differ?
Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."
Talk about this article and get advice on the Diversity at Work message board.
Here is a fresh poll for you, since you asked:
source:numbersusa.com (the poll was not conducted by numbersusa.com though).
QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
% SAYING
NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.
REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
ALL VOTERS 64 3 26 6
Male 64 3 26 6
Female 65 2 26 6
PARTY
Democrat 59 2 32 6
Independent 59 4 31 4
Republican
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.
The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.
US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.
hairstyles Chicago White Sox who were
kshitijnt
05-09 10:08 PM
For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
-a
Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.
-a
Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.
rbusgc
02-02 04:24 PM
[QUOTE=spulapa;2310211]
think about it, there has been slavery here in the united states similar to what has been in India, India is now a secular and democratic country, with opportunities for all, but one has reservation there, so in a similar sense, the blacks/ latino's would also need reservation here ??.
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
think about it, there has been slavery here in the united states similar to what has been in India, India is now a secular and democratic country, with opportunities for all, but one has reservation there, so in a similar sense, the blacks/ latino's would also need reservation here ??.
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
vij
06-18 11:21 AM
Does 140 LUD change before they cash the checks
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