ragz4u
05-01 10:13 AM
I called there office but no clue what SKIL bill is about (Washington DC).
Can any one explain the source of this bill.
First and foremost, DO NOT CONTACT Sen. Cornyn's office.
We are privy to some information and we were told that Sen. Cornyn might introduce this to the senate today. When we say might, it means that there is a good chance he may not do so too!
And introducing just means that he will get a number assigned to it. It will NOT be debated today. The debate timeframe is decided by the majority and minority leaders Frist and Reid respectively.
We just wanted to share with you what we learned. When we learn more, we will let you guys know. For right now, all we know is in the first post.
And FYI, there are some decent provisions in this bill especially related to STEM. Also presents a solution to retrogression wherein Adjustment of Status would be possible in spite of no visa being available.
Can any one explain the source of this bill.
First and foremost, DO NOT CONTACT Sen. Cornyn's office.
We are privy to some information and we were told that Sen. Cornyn might introduce this to the senate today. When we say might, it means that there is a good chance he may not do so too!
And introducing just means that he will get a number assigned to it. It will NOT be debated today. The debate timeframe is decided by the majority and minority leaders Frist and Reid respectively.
We just wanted to share with you what we learned. When we learn more, we will let you guys know. For right now, all we know is in the first post.
And FYI, there are some decent provisions in this bill especially related to STEM. Also presents a solution to retrogression wherein Adjustment of Status would be possible in spite of no visa being available.
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24fps
03-08 11:27 AM
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??
With all this BS going on they might as well shut down immigration for a few years.:confused:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??
With all this BS going on they might as well shut down immigration for a few years.:confused:
vinabath
04-23 04:32 PM
my opinions in bold
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
-- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
-- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
you are right but this is also forced by H-1B employees.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
Thats pretty optimistic and long term thinking.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
-- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
-- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
you are right but this is also forced by H-1B employees.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
Thats pretty optimistic and long term thinking.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
2011 Humorous Birthday Ecards
raghav235
08-15 01:26 PM
EB3_SEP04,
My Receipt and Notice date is July 03, 2008, however there was a soft LUD on my case on July 08, 2008. And again another LUD on August 14, 2008 which is the approval.
Thanks
Raghav235
Raghav, congrats and thanks for the update.
Is July 08, 2008 also the Notice Date on your receipt notice? I'm wondering if generally there is one more LUD after the notice date and before the approval, when they pull the file off the shelf and start working on the case.
for me no LUD after notice date.
My Receipt and Notice date is July 03, 2008, however there was a soft LUD on my case on July 08, 2008. And again another LUD on August 14, 2008 which is the approval.
Thanks
Raghav235
Raghav, congrats and thanks for the update.
Is July 08, 2008 also the Notice Date on your receipt notice? I'm wondering if generally there is one more LUD after the notice date and before the approval, when they pull the file off the shelf and start working on the case.
for me no LUD after notice date.
more...
gcnirvana
06-26 02:47 PM
My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA
gjoe
10-08 06:46 PM
Though I don't agree with you on all that you said about the goverment and what I know about it, your approach was right in replying. I wish all the senior members had these qualities.
Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.
I would also thank whomever who brought my star color back to green :) after sometime in the red zone.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.
I would also thank whomever who brought my star color back to green :) after sometime in the red zone.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
more...
ilwaiting
05-04 04:38 PM
No pun intended here. But I was a fresher too at some point of time in my life!!!. Didn't mean to offended anyone. Anyway, I think this is a pointless discussion. Congress is going to do what they want to do. I just wanted to putforth my thoughts in my previous message.
Also, I would think I would benefit from any law they pass pertaining to EB.
I just dont understand the logic that If these "kids" get off the queue how will I get it. If the kids get out in a year i may have to wait another 2+ years to get a GC. I really dont see how having US degree in their hands helps. Let me take my example I was hired 3 years after college directly from my country from an multi-billion dollar market cap company from here. I quit that in 3 years and joined some other company that is a different thing.
And as far as studying here that is your problem if you want to spend money and study. As far as being helpful to US I have paid a lot more in terms of Taxes and other things than someone who has 3 years and mostly studied here on assitantships. And also being a hiring manager for the company have hired may US citizens as well.
Im not trying to create a division here. All I'm trying to say is that everyone needs to be helped not just only with Masters degrees.
Also, I would think I would benefit from any law they pass pertaining to EB.
I just dont understand the logic that If these "kids" get off the queue how will I get it. If the kids get out in a year i may have to wait another 2+ years to get a GC. I really dont see how having US degree in their hands helps. Let me take my example I was hired 3 years after college directly from my country from an multi-billion dollar market cap company from here. I quit that in 3 years and joined some other company that is a different thing.
And as far as studying here that is your problem if you want to spend money and study. As far as being helpful to US I have paid a lot more in terms of Taxes and other things than someone who has 3 years and mostly studied here on assitantships. And also being a hiring manager for the company have hired may US citizens as well.
Im not trying to create a division here. All I'm trying to say is that everyone needs to be helped not just only with Masters degrees.
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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.
more...
eb3_nepa
07-05 01:39 PM
Send a DEAD Fish to the media with the story titled "Something Smells FISHY at the USCIS"
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desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
more...
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)
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Devils_Advocate
03-07 02:05 PM
Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?
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thomachan72
07-08 02:46 PM
I think your interpretation of this situation makes sense. I would like to add that the jumbs and increased activity in the uscis/dos etc all happened in anticipation of the CIR passing through and becoming law to be effective in the next FY. They probably wanted to clear of as many legal applicants/backlogs as possible before the next rush based on point system. I agree with you that this is not a conspiracy but more a miscommunication. Whatever the case, hopefully, the AILF litigation will bring some order to the system.
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gcnirvana
05-09 12:43 AM
We had a discussion about the very topic not long ago as part of IV Spotlight Topic Series. Check out this thread http://immigrationvoice.org/forum/showthread.php?t=4118&highlight=spotlight
Will someone please respond ?
Thank you.
Will someone please respond ?
Thank you.
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SDdesi
08-14 12:55 AM
We have received FP notices for our 485 applications that reached USCIS on July 2nd (EB2/India)
Good luck to all other IV folks.
Good luck to all other IV folks.
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feedfront
08-26 01:56 PM
I had taken infopass and officer sent an email to TSC enquiring about current status. Today, I got snail mail reply..
"Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests."
"Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests."
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srinivas_o
02-09 05:25 PM
Paid $50 through Bank Of America bill pay.
Confirmation number: 8MT87-N97Y8
Confirmation number: 8MT87-N97Y8
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sunny1000
07-08 05:58 PM
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.
The congressman is wrong.
The congressman is wrong.
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manja
02-01 08:56 PM
Contributed $50.
Thanks.
Thanks.
kumjay
06-26 03:01 PM
Desi 3933 ...get off his butt, didn't he say that he was wrong ! You are annoying.
So you were not referring to Employment Letter for GC job, rather Current Employment Letter while discussing how to file I-485.
GREAT!!! I hope you are not filing your I-485 application yourself.
What is the Current Employment Letter has to do with I-485?
Good Luck.
So you were not referring to Employment Letter for GC job, rather Current Employment Letter while discussing how to file I-485.
GREAT!!! I hope you are not filing your I-485 application yourself.
What is the Current Employment Letter has to do with I-485?
Good Luck.
abq_gc
08-19 12:11 PM
USCIS has invented a very nice random number generator. They use it for every purpose
1. To declare visa bulletin (canbe any day of the month)
2. To decalare processing times (can be again any day of the month)
3. Processing times themselves (can be anything)
4. Processing order (can be anything)
5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
6. Answers from Service Requests
7. Answers from Infopass appointments
8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
9. ..the list goes on and on (feel free to add please, I think there is no limit).
Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability
random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..
1. To declare visa bulletin (canbe any day of the month)
2. To decalare processing times (can be again any day of the month)
3. Processing times themselves (can be anything)
4. Processing order (can be anything)
5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
6. Answers from Service Requests
7. Answers from Infopass appointments
8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
9. ..the list goes on and on (feel free to add please, I think there is no limit).
Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability
random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..
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