desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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bskrishna
09-15 12:08 PM
I have sent my contacts ..
GCStatus
09-15 10:16 AM
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Good one Sandy
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Good one Sandy
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gccovet
02-09 12:50 PM
Only five guys so far....pathetic.
Guys Wake...are you the one want to fix the problem or just another free rider
Thank you Snathan, hrushi_j, Mightykandy, Mhkumar.............
Only 6 so far....
IV Handle Date Amount Unique Transaction ID # Pledges?
AkhilMahajan 2/9/2009 $20.00
GCCovet 2/9/2009 $21.00 Pledge $50 when 5K
hrushi_j 2/9/2009 $21.00 59F40058D17019301
Snathan 2/9/2009 $20.00 5G807044SR6324537
Mightykandy 2/9/2009 $50.00 2TK69366JX343500H
MHKumar 2/9/2009 $21.00 3D0578784M4536128
Guys Wake...are you the one want to fix the problem or just another free rider
Thank you Snathan, hrushi_j, Mightykandy, Mhkumar.............
Only 6 so far....
IV Handle Date Amount Unique Transaction ID # Pledges?
AkhilMahajan 2/9/2009 $20.00
GCCovet 2/9/2009 $21.00 Pledge $50 when 5K
hrushi_j 2/9/2009 $21.00 59F40058D17019301
Snathan 2/9/2009 $20.00 5G807044SR6324537
Mightykandy 2/9/2009 $50.00 2TK69366JX343500H
MHKumar 2/9/2009 $21.00 3D0578784M4536128
more...
s416504
08-13 02:32 PM
My Application delivered at 11:34 by USPS & signed by B GERKENSMEYER.
So far No LUD..No Receipts..Any one else signed by B GERKENSMEYER.
So far No LUD..No Receipts..Any one else signed by B GERKENSMEYER.
mayitbesoon
09-08 11:12 AM
TSC EAD Paper filing for me and spouse.
RD 8/12
ND 8/13 No LUDs
AD 8/28
RD 8/12
ND 8/13 No LUDs
AD 8/28
more...
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.
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dtekkedil
07-03 07:18 AM
It is good to know that there are a few willing to do something about this!
But we need more people!
Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!
Don't go on with your lives as if nothing happened and don't think that nothing will happen!
Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!
So start to believe people! You can make a difference!
But we need more people!
Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!
Don't go on with your lives as if nothing happened and don't think that nothing will happen!
Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!
So start to believe people! You can make a difference!
more...
kris04
09-05 10:34 AM
Dear Friends,
My GC was approved on Aug.19, 2008 and received my Physical card on Aug. 22, 2008 :):). I am wondering what to do with the I 94 , which I received after my last re-entry to USA in 2006 using AP. Any info.
regards
kris
My GC was approved on Aug.19, 2008 and received my Physical card on Aug. 22, 2008 :):). I am wondering what to do with the I 94 , which I received after my last re-entry to USA in 2006 using AP. Any info.
regards
kris
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GCStatus
09-15 04:57 PM
I am all in for donation.
Welcome Feedfront.
Please send your e-mail, ph# to man-woman-and-gc. He is collecting all the details
Welcome Feedfront.
Please send your e-mail, ph# to man-woman-and-gc. He is collecting all the details
more...
GCStatus
09-14 04:19 AM
No single person can do this alone. A big group like IV should / must sue USCIS.
Welcome aboard Friend - We certainly are
Welcome aboard Friend - We certainly are
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StarSun
02-09 08:24 AM
Pappu
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
Yes, you can use paypal. All one time donations go towards DC advocacy efforts.
Thanks.
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
Yes, you can use paypal. All one time donations go towards DC advocacy efforts.
Thanks.
more...
house And, of course, Ovechkin#39;s
nepaliboy
05-21 10:40 AM
last week i took infopass and got shedule for biometric , i am also july 2nd filler and had not receive appointment until last week.
my appointment actually at 28th may 2008 but yesterday i went to asc and told them i will be leaving usa next week and request to take biometric fineally i am able to get biometric yesterday.
but i have to pay $25 for him doing my fevour because with out that he isnot willing to do so.
there is no lud today on my i-485 so could you please tell me how long it take to get lud ?
how long it take to clear fbi?
what is soft lud and hard lud ?
my pd is current so will i soon see my i-485 processing ?
my appointment actually at 28th may 2008 but yesterday i went to asc and told them i will be leaving usa next week and request to take biometric fineally i am able to get biometric yesterday.
but i have to pay $25 for him doing my fevour because with out that he isnot willing to do so.
there is no lud today on my i-485 so could you please tell me how long it take to get lud ?
how long it take to clear fbi?
what is soft lud and hard lud ?
my pd is current so will i soon see my i-485 processing ?
tattoo From left, Alex Ovechkin,
gcsomeday
07-19 08:08 PM
$101 from me
more...
pictures Alexander Ovechkin#39;s
sum12345
08-13 02:42 PM
Hi guys,
Did anyone noticed that 2nd july filers who got their RNs have not got any LUD(s) on their approved I-140 :confused::confused:
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
Did anyone noticed that 2nd july filers who got their RNs have not got any LUD(s) on their approved I-140 :confused::confused:
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
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jonty_11
05-30 06:14 PM
I have already given up my Canada Dreams...spent close toa $1000 on it...down the drain...
more...
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walking_dude
10-08 02:48 PM
Please donate $5000 to IV and they'll make it their top-most agenda
....
I would say IV should make PD based processing as the top most priority in their agenda. ...
....
I would say IV should make PD based processing as the top most priority in their agenda. ...
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glen
05-23 11:13 AM
Emails sent to FL Senators and the Senators on the list.
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xyz_123
07-21 09:58 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
StarSun
02-09 10:53 AM
Your transaction ID for this payment is: 32R78275M69540623.
donated $50
I will be in India around that time so cannot attend the campaign in person.
All the best to IV .. hope we get the justice ASAP.
Thank you psaxena for your donations. Please talk to members from your state and encourage them to participate.
donated $50
I will be in India around that time so cannot attend the campaign in person.
All the best to IV .. hope we get the justice ASAP.
Thank you psaxena for your donations. Please talk to members from your state and encourage them to participate.
getgc2008
07-09 02:41 PM
I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.
Would I get an RFE if I work on contract on W2?
Would I get an RFE if I work on contract on W2?
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