Wednesday, June 15, 2011

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  • surabhi
    10-17 12:28 PM
    I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..

    Contract - Corp-to-Corp ?
    Contract - W2 ?
    Contract to Hire - Independent ?
    Contract to Hire - W2 ?

    These are all tax terms on which the contract is signed

    Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

    Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

    Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

    Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.

    If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

    If you use EAD, its debatabe whether you can be on 1099.
    Being on W-2 contract, you should still ensure your job conforms to AC-21

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  • vin13
    02-11 09:02 PM
    This petition is asking for a proposal to move ahead in line for the Green Card process. This is not asking for any extra quota. So basically this is not going to reduce the queue. Just give priority to someone who buys a house.

    Am i missing something?

    I just feel we should be asking for more than move up the line.

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  • WaldenPond
    07-21 08:48 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

    Hi Suk,

    We have been already working on this. Please see:

    On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

    This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

    Thanks for your help!

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  • nousername
    02-24 01:28 PM
    Siva, this is not new. I had such a request back in 2004. I was transferring my visa at the time. My attorney had a university professor state exactly the same thing in a letter. The letter took care of the problem.

    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:

    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements

    if any one has similar problem please share



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  • kriskris
    04-17 11:55 AM
    This is a poignant question for everyone. Any experts that know the law and psychology and the theory of standing in line please answer.

    Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .

    I am sorry to say this, why do you always try to create controversy. If you don't want to answer you should have kept quiet. No hard feelings my friend. I know that there is not a definite answer for my question, but I have posted here just to take expertise from our friends from their previous experiences. Lets say if you are going for a visa, don't you do your homework instead of leaving everything to the mercy of the officer?
    If you look at my personal perspective, I am trying to be careful during these hard times.

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  • GCard_Dream
    06-29 03:58 PM
    It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.

    I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).

    This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.

    As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.

    The copies are wothless to you if you leave the company anyways, before you get an EAD.

    Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.


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  • dontworrybehappy
    03-03 09:15 AM
    I depends when you got SSN.Social security dept informs IRS automatically but procedure may tae 2/3 months-

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  • texcan
    02-26 11:09 AM
    I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

    When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

    Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.

    I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
    if your pass out date is beyond that date you have to get a masters.

    Solutions, not sure how well it can work at this time; but get a masters in PT.
    Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).


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  • greenleaf81
    11-04 03:26 PM
    Thank you guys for responding to my situation.
    My client could not issue a letter but the Vendor issued a letter saying I am working at the client. Also we have attached some emails from the client Manager. And thankfully they were able to send the documents on Monday.

    ajp5: I do believe that I have switch the employer now, because I cannot risk to wait for the USCIS to process the RFE and run out of time. I will talk to the vendor about the transfer. Yes the last few days have been a hell for me, suitable for a thrilling movie.

    wandmaker, meridiani.planum: Thanks for the advice, I am in the process of finding another employer, hopefully more trustworthy this time. When I do find a new consultant I will do PP.

    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.

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  • logiclife
    02-05 05:04 PM
    This article has an overall competitiveness argument saying that the American Competitiveness is not under a threat.

    The PACE act is to protect that IN ADVANCE from having the american competitiveness under a threat from India and China.

    I am going to discredit one argument in his article:

    He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.

    More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.

    That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.

    The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.

    Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.

    The full article was published recently on all major media outlets including CNN, MSNBC and USA today.


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  • walking_dude
    11-21 11:49 AM
    Well, the majority of cubans coming in are families of those US citizens. It's what the antis call disparagingly as "Chain Immigration".

    And, if you are missing it, those coming in as refugees are seen as "future vote bank" once they get citizenship. Similar to Bangladeshi immigrants in West Bengal.

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  • chanduv23
    10-02 04:56 PM


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  • Sunx_2004
    10-22 03:50 PM
    Cheques cashed on Friday got all receipts number today.

    July 17th no receipt yet

    Just chill

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  • Ann Ruben
    07-13 08:33 AM
    Dear gc-rip,

    1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
    If I travel after a long delay of 8 months would can cause any issue on AP based entry?

    Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.

    2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?

    According to minutes of a 2004 USCIS liaison meeting:

    USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.

    Unfortunately, informal statements such as this are not legally binding and easily subject to change.


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  • matreen
    08-22 11:02 AM
    Hi there,

    Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.

    Note: Still I am working for the same sponsered employer.

    1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?

    2. What happens to my EB3 processing if my EB2 got rejected for some reason?

    3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?

    4. What all the requirements filing EB2 for converting from EB3?

    I would really appreciate your answers.


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  • calaway42
    10-04 12:26 AM
    another quick question!

    "Now create a new layer and fill the selection in with white."

    Am i suppose to fill it in with the paint bucket?


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  • DSLStart
    04-21 11:56 AM
    Was you 485 filed initially at VSC and then transfered to TSC? If so you must have received the orignal transfer notice. That should suffice as orignal 485 receipt.

    My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.

    Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.


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  • franklin
    07-11 06:03 PM
    I can make some calls.

    Thank you - I've just sent you a pm

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  • starseed
    07-20 06:10 PM
    LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.

    07-26 08:13 AM
    As you are exempt from the cap, you can start working as soon as you get new petition approval.

    Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.

    02-19 02:48 AM
    I had sent my passport for renewal and Indian Embassy lost it. It had my I-94 and US visa. They issued a new passport. But the new passport read old passport cancelled and returned.

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