rajenk
01-24 03:19 PM
All,
I appreciate all your inputs on the below mentioned scenario.
1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21
Stage 4 in detail:
a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B
Now coming to the questions.
1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?
2. Say now employer A revokes I-140, what will be the status on the approved H1B?
3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
I appreciate all your inputs on the below mentioned scenario.
1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21
Stage 4 in detail:
a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B
Now coming to the questions.
1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?
2. Say now employer A revokes I-140, what will be the status on the approved H1B?
3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
wallpaper the Fantastic Four star
reddymjm
06-08 02:40 PM
No way they cannot. They will accept till JUN 29th. I am not sure about JUN 30 as it is saturday. You have time till JUN28th to ship it.
There might be movement next two months. They need money too. They will let file every one.
There might be movement next two months. They need money too. They will let file every one.
gsc999
07-09 01:01 PM
Please do not start new additional threads regarding the flowers campaign. It dilutes the focus and creates confusion, at least for me.:confused:
2011 Jessica Alba Covers
ndbhatt
01-29 08:48 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Please consult immigration attorney.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Please consult immigration attorney.
more...
sankap
07-09 11:58 PM
@desi3933:
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
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
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.
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
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
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.
vinabath
04-25 11:42 AM
Dude, I do not know who has given you red dot, you certainly deserve more green dots.
LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.
LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.
more...
ganguteli
07-08 11:11 AM
Where is Moira from Buisnessweek?
Why can't she cover this?
Why can't she cover this?
2010 Jessica Alba#39;s Rourke disgust
.jpg "hair Jessica alba hair Style")
ramno1
08-28 10:36 AM
I sent my 485 to NSC on JUL 3rd, my 140 approved NSC, no receipts from
TSC yet. Does any body got receipts who applied on JUL 3rd...?
TSC yet. Does any body got receipts who applied on JUL 3rd...?
more...
desi3933
05-11 05:16 PM
we are talking about inclusion logic here. Not the exclusion logic.
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Read for yourself.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Read for yourself.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
hair The Fantastic Four star wowed
andy garcia
10-05 11:58 AM
This is true. A majority of the Dems are sensible people. BTW, although they are against outsourcing, they are not against immigration. The two issues are quite different.
Can you definesensible people.
I think that what they want is the Hispanic vote taken away from the Republicans. They are a bunch of crooks. Sen Kennedy said: Anybody jumping the fence now should get a greencard.
What abot the legal ones tha t habe been here 5+ years waiting for a GC.
Can you definesensible people.
I think that what they want is the Hispanic vote taken away from the Republicans. They are a bunch of crooks. Sen Kennedy said: Anybody jumping the fence now should get a greencard.
What abot the legal ones tha t habe been here 5+ years waiting for a GC.
more...
CADude
10-12 03:31 PM
"PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>
Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?
Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?
hot Jessica Alba promotes
bvibhu
07-19 09:43 PM
Count me in...
more...
house Jessica Alba plays Susan.
maag
05-05 01:16 PM
Shekhar....any update?
anyone else who did landing recently please post your experience
my PR expires in June, need to decide to do landing or not?
anyone else who did landing recently please post your experience
my PR expires in June, need to decide to do landing or not?
tattoo Jessica Alba @ quot;Fantastic
tonyHK12
02-16 11:13 AM
thanks bikram_das_in, raghav0, rkg000. c'mon everybody, still 45K to go...
Total Contributions...........$5,075.00
Amount to be raised.......$44,925.00
.
Total Contributions...........$5,075.00
Amount to be raised.......$44,925.00
.
more...
pictures Jessica Alba
willgetgc2005
10-18 12:12 AM
PAPPU,
I think we all understand we are in this together. No doubt.
A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.
I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
this is a good (or a bad ) idea and suggests what to do, our members will be energized.
For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.
Also, the same letters signed are ready in an envelope to be snail mailed.
So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.
Thanks.
__________________________________________________ ___
IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change
I think we all understand we are in this together. No doubt.
A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.
I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
this is a good (or a bad ) idea and suggests what to do, our members will be energized.
For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.
Also, the same letters signed are ready in an envelope to be snail mailed.
So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.
Thanks.
__________________________________________________ ___
IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change
dresses Jessica Alba Focuses on World
mps
08-26 11:35 AM
I know one of my friend, his H1 extension was denied through a consulting company (basically Bodyshopper). Reason given was - "consulting not allowed on H1".
Lucky him, client hired him by sponsoring his H1 and this time it was approved.
Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).
Some desi bodyshop owner gave me red for sharing this.
Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !
Lucky him, client hired him by sponsoring his H1 and this time it was approved.
Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).
Some desi bodyshop owner gave me red for sharing this.
Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !
more...
makeup Actress Jessica Alba made some
gc28262
08-24 10:33 PM
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
girlfriend Why not throw us Jessica Alba
jfredr
05-23 11:48 PM
sent 2 in NJ+10
hairstyles I look at Jessica Alba and
gcspace
10-03 10:05 AM
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
---------------------------------------
I added mine to the list
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
---------------------------------------
I added mine to the list
rayoflight
11-18 03:20 PM
Done. Will setup appointments next week.
eb3_nepa
06-20 10:35 AM
A question about CIR. Currently isin't it more beneficial for anti-immigrants to just ensure that absolutely NOTHING is done to CIR? That way the Senate version of CIR never sees the light of day, but since it doesnt die either, no other legislation can come into place.
I guess my question is, how & when exactly does CIR "die"/get phased out of the picture so that other legislations may be considered?
I guess my question is, how & when exactly does CIR "die"/get phased out of the picture so that other legislations may be considered?
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