acecupid
09-27 09:11 AM
We got the year..how about the month and day on which to port to eb2?;)
Maybe consider hours, minutes and seconds too... ? :confused: lol
Maybe consider hours, minutes and seconds too... ? :confused: lol
wallpaper Kat Von D
gvenkat
01-30 04:47 PM
The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.
there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...
there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...
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.
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EndlessWait
10-08 03:01 PM
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
Lets do that and also have $5 recurring contributions , if $20 is lot for people.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
Lets do that and also have $5 recurring contributions , if $20 is lot for people.
more...
TheOmbudsman
10-25 09:10 PM
"The market has a way of regulating itself".
That is probably the most absurd thing said in this forum.
Purgan, please do some basic research and you will see you are plain wrong. There is no way you will see your dream coming true. Govenment intervention when it comes to regulate the influx of foreign labor is everywhere. It is controlled. You just allow less or more people coming in and that is fair. If you allow the gates of a third world country to open for good and flood this with programmers to a point where you would be making $10/hour, nobody sane wants to get downgraded to that level. Foreigners with a funny accent like us would be competing for jobs. Probably employers would love and exploited people in the third world countries would love that, but I have to tell you things don't work that way.
Similar polls were conducted by Zogby, CNN, etc. I outlined other evidences there. Only individuals with an open mind can read between the lines though.
when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...
That is probably the most absurd thing said in this forum.
Purgan, please do some basic research and you will see you are plain wrong. There is no way you will see your dream coming true. Govenment intervention when it comes to regulate the influx of foreign labor is everywhere. It is controlled. You just allow less or more people coming in and that is fair. If you allow the gates of a third world country to open for good and flood this with programmers to a point where you would be making $10/hour, nobody sane wants to get downgraded to that level. Foreigners with a funny accent like us would be competing for jobs. Probably employers would love and exploited people in the third world countries would love that, but I have to tell you things don't work that way.
Similar polls were conducted by Zogby, CNN, etc. I outlined other evidences there. Only individuals with an open mind can read between the lines though.
when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...
gimmeacard
09-09 09:01 PM
Ignore her. She dozn't deserve a response...Seems to be a mental case
i am pretty sure its a HE, dont think indian women have fallen that much
i am pretty sure its a HE, dont think indian women have fallen that much
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xu1
05-03 12:19 PM
Section 205. Retaining Workers Subject to Green Card Backlog.
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
wow,
what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?
Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?
Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
wow,
what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?
Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?
Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?
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syzygy
07-07 12:54 PM
Yes the core problem is visa numbers. We have been fooled to believe for few days we all are safe and GC retrogression is over without even realizing someone was taking us for nice roller coaster ride.
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
more...
Saralayar
08-26 08:23 PM
Saralayar,
Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.
Hopefully this will help us understand the load.
--BB
I have included the Poll.
Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.
Hopefully this will help us understand the load.
--BB
I have included the Poll.
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kingnaga
10-04 12:46 AM
Don worry bros, we're gonna get it soo...n. waiting sucks, but better than not applying u no...
more...
marty
05-30 11:54 AM
Marty,
Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?
Yes, get the SIN number no matter if you are settling in canada now or never.
Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?
Yes, get the SIN number no matter if you are settling in canada now or never.
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GC08
07-08 04:41 PM
Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....
Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...
So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...
So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
more...
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geesee
08-18 02:32 PM
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
You made me laugh :D
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
You made me laugh :D
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punjabi
12-17 02:18 PM
Hi friend,
I understand your situation. You can do two things:
1. Watch a recent documentary movie "The Secret" (you can rent it from Blockbuster and Netflix)
2. Donate at least $100 to IV.
Good luck.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I understand your situation. You can do two things:
1. Watch a recent documentary movie "The Secret" (you can rent it from Blockbuster and Netflix)
2. Donate at least $100 to IV.
Good luck.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
more...
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gene77
03-25 09:57 PM
I am EB3 India--OCt 2004...My hopes are dwindling...let's see...
Waiting to see some movement ...... god bless us!!
Waiting to see some movement ...... god bless us!!
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coolngood4u80
02-25 09:31 PM
thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
could be Plainspeak
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
could be Plainspeak
more...
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vnsriv
11-21 09:44 AM
I am sitting here in front of my laptop for 10 minutes, still I don't know what to say.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
I still cannot breathe after reading this. I juste prayed to God for you. Don't loose your hope. I am sure you are trying or tried all types of cures. I have deep faith in Pranayam/Yoga. I am not sure if you have heard about SWAMI RAMDEV JI. He teaches pranayam and here's link to his forum http://forums.curesearch.org/ShowPost.aspx?PostID=631 . Try to meet him if possible. Our best wishes are always with you. May God bless the family.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
I still cannot breathe after reading this. I juste prayed to God for you. Don't loose your hope. I am sure you are trying or tried all types of cures. I have deep faith in Pranayam/Yoga. I am not sure if you have heard about SWAMI RAMDEV JI. He teaches pranayam and here's link to his forum http://forums.curesearch.org/ShowPost.aspx?PostID=631 . Try to meet him if possible. Our best wishes are always with you. May God bless the family.
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bvibhu
07-19 09:43 PM
Count me in...
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prashanthg
09-17 03:51 PM
Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
Man!
You either get too emotional, or too defensive.
I still don't get what you want to achieve.
We all agree that you are not after the money.
You want them to approve the cases this September, before the retrogression hits in Oct.
They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.
On USCIS processes:
USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
(We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.
So, How do you want to see the USCIS perform and how this law suit is going to help.
Convince me. I will gladly contribute, even though, I have not filed my 485 yet.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
Man!
You either get too emotional, or too defensive.
I still don't get what you want to achieve.
We all agree that you are not after the money.
You want them to approve the cases this September, before the retrogression hits in Oct.
They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.
On USCIS processes:
USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
(We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.
So, How do you want to see the USCIS perform and how this law suit is going to help.
Convince me. I will gladly contribute, even though, I have not filed my 485 yet.
sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
breddy2000
05-23 08:40 AM
Will call them today at any cost
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