anilsal
10-25 11:49 AM
Wonder if dems take the house, will they worry about the 2008 prez elections and not make major decisions?
wallpaper carrie underwood and katie
myvoice23
08-13 12:14 PM
Hi,
Did you receive any CPO email or welcome notice sent email?
Good luck!
Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
Did you receive any CPO email or welcome notice sent email?
Good luck!
Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
grupak
08-05 09:50 AM
We received our two year EAD from TSC on August 4th. RD and ND June 18th. No worries for two years.
BTW my PD has been current since August 1.
BTW my PD has been current since August 1.
2011 Who made Carrie Underwood#39;s
newuser
05-23 01:25 PM
Didn't have any problem. Select the answer that was asked above and it should work
Send emails..
Cornyns' website just goes into a loop on that validation question...how do i get past that?
Send emails..
Cornyns' website just goes into a loop on that validation question...how do i get past that?
more...
myvoice23
09-17 06:18 PM
July 3rd,NSC...signed by R.WILLIAMS...still waiting
vxg
11-21 09:35 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
more...
clear485
08-18 01:19 PM
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
2010 carrie-underwood1
ddanait
02-18 01:27 PM
I still dont have access to Donor Forum, I have sent out email to IVCoordinator and Starsun with the transaction/Subscription ID.
more...
stuckinretro
09-08 03:43 PM
Received physical card 09/08
Applied: July'23rd 08
RD: July'23rd 08
AD: Sep'02 08 CPO email
Applied: July'23rd 08
RD: July'23rd 08
AD: Sep'02 08 CPO email
hair Which of Carrie Underwood#39;s
ashwaghoshk
11-17 03:07 PM
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
more...
TomTancredo
11-26 02:53 PM
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I have copy of that letter but it mentions the title and salary no job desc.
I have copy of that letter but it mentions the title and salary no job desc.
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jsquare
09-15 11:27 AM
Folks
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
I am in for Option 2
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
I am in for Option 2
more...
house Carrie Underwood looked
mattresscoil
11-18 08:23 PM
Hello group:
Got this response from Ander Crenshaw - Member of Congress
What does this mean? is he going to support or not? should I follow-up and ask anything else?
=================
Thank you for contacting me to express your concerns about immigration policy. I appreciate your taking the time to share your thoughts with me on this matter.
The basic law governing immigration and naturalization is contained in the Immigration and Nationality Act (INA) of 1952. The INA establishes a flexible level of permanent admissions. The Act provides for a permanent worldwide level of 675,000 immigrants each year. The worldwide level is flexible in that it may be exceeded in certain circumstances. The permanent immigrant level consists of the following components: (a) family-sponsored immigrants, including immediate relatives of U.S. citizens and family-sponsored preference immigrants; (b) employment-based preference immigrants; and (c) diversity immigrants, those immigrants with low admission levels who must have a high school education or its equivalent or a minimum of two years work experience in a profession requiring two years of training or experience. Additionally, the INA establishes per-country levels that are applicable to family-sponsored and employment-based preference immigrants only. The per-country level is not a "quota" set aside for individual countries. According to the State Department, the per-country level is not an entitlement but, rather, a barrier against monopolization of the immigration by one country in any given year.
Legal immigration has had a positive impact on the United States and our economy. Most immigrants come to this country with a support system already in place (e.g., family-sponsored and employment-based immigrants). The majority of the other legal immigrants are permitted to remain in this country for humanitarian reasons. Studies have also shown that within several short years, most immigrants are net producers, rather than net consumers, in our economy. While there is certainly a legitimate debate regarding the appropriate level of immigration, most would agree that an immigration policy which promotes family unity and requires a certain degree of self-support is generally acceptable.
However, there is a significant difference between legal and illegal immigration. Since my election to Congress in 2000, I have worked with my colleagues to ensure that our border is more secure and that we do not encourage people to come into our country illegally. Illegal aliens place a tremendous financial and social burden on our society, and we must work to stop this unfair practice.
The best way to get illegal immigration under control is to secure our borders. Our porous borders have allowed more than ten million people to cross into our country with no oversight, no accountability, and no record. We simply have no idea who they are, where they came from, and most importantly - why they entered our country illegally. I believe we must increase the size of the Border Patrol to 18,000 agents, we must actively construct a double barrier wall and utilize technological innovations, such as unmanned aerial vehicles, to conduct surveillance operations along the remaining border.
Once we have secured our borders, we must turn our attention to the more than 12 million illegal immigrants already residing here. There are varying proposals currently being debated here in Washington as to what is the most economically feasible approach to addressing this situation. I do not support amnesty for those individuals who have broken our laws and will work to deport those individuals who have become a financial and social burden on our society. I believe that we must establish an Employer Verification System that is easy to use and provides timely feedback to employers. Any employer that continues to knowingly employ illegal aliens should be assessed heavy fines and penalties.
I look forward to debating this issue during the year to come and assure you that I will continue to support revisions to our current immigration policy that provide meaningful reform and offer maximum protection for our borders. Additionally, I will oppose any attempts to provide amnesty to the more than 12 million illegal immigrants currently living in this country.
Again, I want to thank you for taking the time to contact me. Please feel free to contact me if I can be of any further assistance on this matter or if you would like additional information on this topic or other issues facing Congress, please visit my Web site at United States Congressman Ander Crenshaw - Florida's 4th District (http://crenshaw.house.gov).
Sincerely,
Ander Crenshaw
Member of Congress
==================
Got this response from Ander Crenshaw - Member of Congress
What does this mean? is he going to support or not? should I follow-up and ask anything else?
=================
Thank you for contacting me to express your concerns about immigration policy. I appreciate your taking the time to share your thoughts with me on this matter.
The basic law governing immigration and naturalization is contained in the Immigration and Nationality Act (INA) of 1952. The INA establishes a flexible level of permanent admissions. The Act provides for a permanent worldwide level of 675,000 immigrants each year. The worldwide level is flexible in that it may be exceeded in certain circumstances. The permanent immigrant level consists of the following components: (a) family-sponsored immigrants, including immediate relatives of U.S. citizens and family-sponsored preference immigrants; (b) employment-based preference immigrants; and (c) diversity immigrants, those immigrants with low admission levels who must have a high school education or its equivalent or a minimum of two years work experience in a profession requiring two years of training or experience. Additionally, the INA establishes per-country levels that are applicable to family-sponsored and employment-based preference immigrants only. The per-country level is not a "quota" set aside for individual countries. According to the State Department, the per-country level is not an entitlement but, rather, a barrier against monopolization of the immigration by one country in any given year.
Legal immigration has had a positive impact on the United States and our economy. Most immigrants come to this country with a support system already in place (e.g., family-sponsored and employment-based immigrants). The majority of the other legal immigrants are permitted to remain in this country for humanitarian reasons. Studies have also shown that within several short years, most immigrants are net producers, rather than net consumers, in our economy. While there is certainly a legitimate debate regarding the appropriate level of immigration, most would agree that an immigration policy which promotes family unity and requires a certain degree of self-support is generally acceptable.
However, there is a significant difference between legal and illegal immigration. Since my election to Congress in 2000, I have worked with my colleagues to ensure that our border is more secure and that we do not encourage people to come into our country illegally. Illegal aliens place a tremendous financial and social burden on our society, and we must work to stop this unfair practice.
The best way to get illegal immigration under control is to secure our borders. Our porous borders have allowed more than ten million people to cross into our country with no oversight, no accountability, and no record. We simply have no idea who they are, where they came from, and most importantly - why they entered our country illegally. I believe we must increase the size of the Border Patrol to 18,000 agents, we must actively construct a double barrier wall and utilize technological innovations, such as unmanned aerial vehicles, to conduct surveillance operations along the remaining border.
Once we have secured our borders, we must turn our attention to the more than 12 million illegal immigrants already residing here. There are varying proposals currently being debated here in Washington as to what is the most economically feasible approach to addressing this situation. I do not support amnesty for those individuals who have broken our laws and will work to deport those individuals who have become a financial and social burden on our society. I believe that we must establish an Employer Verification System that is easy to use and provides timely feedback to employers. Any employer that continues to knowingly employ illegal aliens should be assessed heavy fines and penalties.
I look forward to debating this issue during the year to come and assure you that I will continue to support revisions to our current immigration policy that provide meaningful reform and offer maximum protection for our borders. Additionally, I will oppose any attempts to provide amnesty to the more than 12 million illegal immigrants currently living in this country.
Again, I want to thank you for taking the time to contact me. Please feel free to contact me if I can be of any further assistance on this matter or if you would like additional information on this topic or other issues facing Congress, please visit my Web site at United States Congressman Ander Crenshaw - Florida's 4th District (http://crenshaw.house.gov).
Sincerely,
Ander Crenshaw
Member of Congress
==================
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viper1400
02-11 06:54 PM
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
more...
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fittan
09-20 10:46 AM
Hi all,
My wife and I just got receipts for our I-485, I-140, AP and EAD. The "received date" is July 7 and the "Notice Date" is September 13. I also confirmed that the checks were cashed.
I remember my attorney saying that the applications were filed at NSC but somehow my receipts came from VSC. And this morning I receive an update that my I-485 has been transferred to TSC! Here is the detail:
"On September 20, 2007, we transferred this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer".
My wife and I just got receipts for our I-485, I-140, AP and EAD. The "received date" is July 7 and the "Notice Date" is September 13. I also confirmed that the checks were cashed.
I remember my attorney saying that the applications were filed at NSC but somehow my receipts came from VSC. And this morning I receive an update that my I-485 has been transferred to TSC! Here is the detail:
"On September 20, 2007, we transferred this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer".
dresses Carrie Underwood
neelu
05-23 01:25 PM
Finished calling the senators. Got hold of 2 + 7 senators.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
more...
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chem2
08-14 01:34 PM
EAD paper filed at TSC.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
girlfriend Posts Tagged #39;Carrie Underwood
chanduv23
07-08 11:23 AM
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
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grupak
07-30 10:39 AM
EAD for spouse and self, RD and ND June 18th, LUD on June 20th showing case pending,
LUD on July 29th and July 30th showing approved and card ordered.
My PD will be current in August.
LUD on July 29th and July 30th showing approved and card ordered.
My PD will be current in August.
ho_gaya_kaya_?
12-16 06:42 PM
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?
Think Positive- that's the first prerequisite for positive things to happen.
I am quote content with what I have at this point
8 months ago- everything looked hopeless.
it seemed I was ages away from being able to change a job or ever get a GC
but here I am - few weeks ago (fingers crossed) from being able to change jobs on AC21.
So I thank God for the small mercies and carry on
Would I like to get a GC? yes. Of course !!!
But I do pause to thank for what I have and try to make the most of it.
I am sure you too have lots to be grateful for.
Chin up- and try not to think about GC so much...that works for me at least...
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?
Think Positive- that's the first prerequisite for positive things to happen.
I am quote content with what I have at this point
8 months ago- everything looked hopeless.
it seemed I was ages away from being able to change a job or ever get a GC
but here I am - few weeks ago (fingers crossed) from being able to change jobs on AC21.
So I thank God for the small mercies and carry on
Would I like to get a GC? yes. Of course !!!
But I do pause to thank for what I have and try to make the most of it.
I am sure you too have lots to be grateful for.
Chin up- and try not to think about GC so much...that works for me at least...
desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
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.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
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.
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.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
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)
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Not a legal advice.
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
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.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
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.
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.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
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)
____________________
Not a legal advice.
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