Thursday, June 30, 2011

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  • eb2dec2005
    09-15 01:18 PM
    First step - Gather information and strengthen the support. Once we reach a ballpark, arrange meetings, conference calls

    Finalise a lawyer ( MadhUVJ - has great suggestions on it )

    Preparing an Action Plan, will be out soon.

    Man-Woman-GC is gathering details.

    Please join us in this effort

    Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.

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  • LC2002
    08-15 08:08 PM
    Got CRIS email today Card Production ordererd for my EAD renewal. Spouse's EAD filed in June still pending thanks to USCIS LIFO policy.

    No updates in I-140/485.

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  • willigetagc
    11-21 01:49 PM
    I am sitting here wondering what to say...My gut feeling says that you will make it through and you still have 6 months to turn the whole situation around.

    But, first get your hands on this movie and watch it...

    It is on a book called "The Secret" by Rhonda Byrne. Watch the movie and start believing in yourself and go for whatever treatment is available.

    You will make it bro..

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  • FinalGC
    07-09 01:34 PM
    The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.


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  • guchi472000
    04-24 10:24 AM
    Pls check the link below. D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD

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  • 485Mbe4001
    03-28 11:31 AM
    :D yes. I want to predict what I will do (or what i want to do) to USCIS, but i will be banned.;)

    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)


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  • SunnySurya
    08-18 02:57 PM
    No with love and logic... By the way check your PM. Let me know if I am guessing it right about who u are?
    you manage people with a stick ?? :)

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  • diptam
    06-26 03:58 PM
    After 6-7 months tell the employer that i'm going India for ever due to personal reasons - you know its not feasible for me to pay.

    They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.

    Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.

    Thanks !

    No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).

    Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.


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  • ameryki
    09-30 07:59 PM
    see my signature, no receipts till date money order not cashed, Called USCIS got an answer.... "Not yet in the System", but IO told me there is a big junk of files and it will be processed in next 30 or 40 days.

    Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts

    how do you track if the money order was cashed?

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  • zoooom
    07-20 12:05 AM
    I contributed $100 to IV just yesterday, I did not see this post before.

    I think its wrong to let someone bear the burden alone for something thats a shared objective.

    Count me in for the pledge
    Thanks a lot...We will let you know how to send the contribution.


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  • munnu77
    04-23 05:08 PM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)

    we already have one..

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  • reddymjm
    06-08 04:21 PM
    I am waiting for the check image to laod. will take an hour or so.
    It will start with LIN-07-177-5XXXX. It will be SRC if it is Texas.


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  • sangmami
    07-02 08:49 AM
    mine at local fedex facility at 8.05am at nebraska

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  • ashshah
    12-16 03:55 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?

    Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.


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  • sankap
    07-09 10:00 PM

    1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

    [Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g.,,,id=154770,00.html)]

    Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."

    2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."

    I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."

    sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
    the "permanant" job means "the job is always there" as per projection.

    even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

    The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

    So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

    Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

    Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now

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  • 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!


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  • danu2007
    05-07 09:44 PM
    Please write a letter to CIS Ombudsman and they will open a case with USCIS to follow up and it will have results. I have done it once and I got the response from USCIS faster.

    You can find more details here

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  • 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

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  • sankap
    07-09 11:58 PM

    1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?

    7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

    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".

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

    Sankap -

    Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

    1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

    2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

    3. I-140 is for permanent and full time job only. See Page 5 of

    4. Also, read this. It says 'Permanent Employment'
    OFLC Frequently Asked Questions and Answers (

    5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

    6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

    7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

    8. Most of the full time exempt jobs in this country are permanent in nature.

    Not a legal advice.

    07-04 11:29 PM
    Hey thx man...I had no idea about this. I will search for the post and read up on it.
    Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..

    To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.

    When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.

    I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.

    02-26 05:18 AM
    Unsure if I can attend at his moment but will be making all efforts.
    transaction ID for this payment is: 3JU21341FJ708983M.

    Thank you IV. It is because of you that I have belief to keep plugging away.

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