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Thank you folks for stepping up to answer a couple of us. Good Luck to everyone involved!

received by USCIS on 06/30/08
Soft LUD 07/01/2008
EAD expires 09/07/08

I hate to say this since I'm charged to the India queue as well. However this will not get solved soon. I saw on CNBC this afternoon that there were something like 53K H1b visas for Indians last year, next was china with like 8 or 9K, then others(I had no idea it was that lop-sided). When H1b visas are going so disproportionately to one country, the only solution to solve the EB green card logjam is to either put country caps on H1b visa or lift it on EB green cards. This is not opinion, it is quite simply a fact. Absent that, we can consider the EB green card route closed for anyone from India.
There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.

[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.

Hi,

If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.

In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.

It won't be easy, folks.

Thanks,

Your Friendly Ombudsman bringing you a dose of daily reality.


Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC

I am really sorry to hear your situation...

I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...

anybody intrested in MA rally ?

Hi ,
I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.

Thanks
Venkat

Unique Transaction ID #0LL24091H0267991J

For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.

They might just create panic out of innocent lovely flowers.

How can it be a security breach if we inform the media what we are doing? Besides... we are not the ones physically delivering those flowers! It is the florists! We are just ordering them!

I hope they don't create any panic but even if they do it is still news! Isn't that what we are trying to achieve?

Workout - Research indicates workout beats the blues

Become really active with IV and get the sense of accomplishment. Somethings I do with So. Cal IV releases lots of endorphins and puts me on a natural high. It's true :D

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?

Hi,
I got my EAD today...Even i received my EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...

Congratulations..my application was received by NSC on July 2nd too, and I haven't received anything yet..hope i will get it sometime soon...so are all the applications that went to NSC on July2nd are getting transfered to TSC ??

Answer to question 1: Yes you can, but make sure that at least on paper the job responsibilities remain the same as the job for which your present employer sponsored your GC. The designation can be anything.

Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".



Hi All
I will ask you in a specific manner .Will you guys help me?

1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?

2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie

Contributed another $50 (Transaction ID: 71P262761L0967946)

Tony, what is the deadline for raising the money?

some useful info from Ron gotcher
http://imminfo.com/Newsletter/2009-3/2009-03.html

It was reached on July 16, 09:00 AM Lincoln,Nebraska,no RN yet :(

My wife's package is also at 9am July 16th, R Pitcher

hey Mehul,

My heart goes out to your & your family. You will be in out thoughts & prayers & we hope your family gets the strength to go through these times together & strong...

I applied for my I140 in May and it is pending in Nebraska.
I filed my AOS in Nebraska in July.

I am in Texas Service center teritory. Does this mean that my case will be transferred to texas and I will receive receipt from texas

Is anyone in similar situation

Sent the email. Will communicate it to my friends.

My wife and I sent the email.

You can do it through the IV site. Click the Green "Donate button at the top of this page or from home page. It will display the following options from which you can choose and it will take you to paypal.
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.

Ok, now I am a recurring donor...