Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
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Let us face it , we all are selfish. And if our self interest match then we are an organization.
here is another point:
i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!
Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
:-) your argument or your feeble attempt at it is quite pathetic.
No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.
If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....
I will concede one point to you...you do know the meaning of hate...and you know it well..
Peace be with you...if it can.
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Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
I am with you. Antulay is a #1 chor. He used communal politics through out his life.
But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.
Should something bad happen (Which I dont understand why it would), .
I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.
It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.
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I am glad you took your post after I placed details about the law.
Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.
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Again, this bill embodies the basic principle that displaces US workers do not want to understand:
"What is good for the economy may not be good for an individual".
And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.
I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.
That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"
A massive futuristic office complex is rising from a patch of spare, arid land here near the southern Indian city of Chennai. Six butterfly-shaped buildings dock like spacecraft to two long metal-latticed terminals.
About 12,000 people already work at the campus, being built by India�s largest technology company, Tata Consultancy Services. It eventually will have space for 24,000 of Tata�s nearly 180,000 employees.
Meanwhile Infosys, one of Tata�s biggest competitors, has added a corporate campus for 15,000 employees with buildings that resemble the Parthenon, the Coliseum and the Louvre�s glass pyramid. Infosys plans to build an additional 10 million square feet of custom office space by mid-2012, at various sites, adding 25,000 workers to its current 122,000.
It is all part of a construction spree by India�s outsourcing companies, which are growing at a breakneck pace after the lull caused by the global financial crisis in 2008 and 2009.
But the building boom is about more than making room for more workers.
The outsourcing giants, which include Wipro and others, hope that architectural sizzle can help them compete for the nation�s top software programmers, while also burnishing their reputations with overseas clients and prospective customers.
In this nation where world-class high-tech companies co-exist with urban slums and rural poverty, employers like Tata, Infosys and Wipro have set out to create avant-garde, environmentally smart corporate sanctuaries.
And even if some architects and critics complain about the wisdom and taste of the efforts, the executives behind the building boom say their ambitious projects put a modern face on Indian business.
T. V. Mohandas Pai, a director at Infosys, which has 15 campuses around India, said his company�s eclectic mix of designs from all over the world reflected this nation�s inclusive sensibility. �One singular thing is monotonous,� he said. �In India, we are a colorful people.�
Like China a decade earlier, India appears to be at that phase of economic development where buildings are meant to help advertise the nation�s arrival on the world stage. But unlike China, where the government and state-owned corporations took the lead, private companies in India have headed the charge � not the government, which struggles to execute even basic construction projects.
And within India�s business world, technology companies have been more adventurous than others, perhaps because of their outsize financial success and their need to hire tens of thousands of workers to write software for foreign clients. State and federal governments are aiding the effort by offering these companies generous tax incentives and choice pieces of real estate to build big campuses.
Competition for employees is intense, because while India produces about 500,000 engineers every year, most colleges provide such poor education that the industry says that just a quarter of graduates are employable. But among those most qualified � typically graduates of elite places like the Indian Institutes of Technology and Birla Institute of Technology and Science � as many as 18 percent leave for other jobs every year. The outsourcing companies see lavish, environmentally friendly campuses as a way to help attract and retain the best and brightest workers.
With their manicured lawns, power generators and lakes, the campuses are a noticeable improvement on most engineering colleges, which suffer from India�s standard infrastructure deficiencies � blackouts, water shortages and poor maintenance.
�I prefer a big campus,� said Aditya Mathur, a software engineer, 23, who joined Wipro a year ago, and now works at a four-year-old office in Gurgaon, south of New Delhi, as a software tester. �The facilities are better in a big campus.�
Tata Consultancy Services � or T.C.S., as the company is known � is spending $200 million on its Siruseri campus and has hired the Uruguayan-born Canadian architect Carlos A. Ott, who designed the opera house on the Place de la Bastille in Paris. The company is also building big campuses in Ahemdabad, Pune, Calcutta and Hyderabad.
But some critics say that too many of the industry�s new complexes are intended to make a big splash without much thought of how they will function and fit into the local surroundings.
�It is a haphazard reaching for something that will quickly make a statement about the place being world class,� said Himanshu Burte, an architecture critic who writes frequently for Indian newspapers.
But Rahul Mehrotra, a prominent architect who has designed an office building for Hewlett-Packard in Bangalore, the city at the heart of India�s technology industry, argued that rather than being outr�, too many Indian tech campuses had a hackneyed feel, evoking the sprawling suburban campuses of Silicon Valley or American companies like Google and Apple.
�The architecture in these cases symbolizes the fact that these are places of outsourcing, not cutting-edge research,� said Mr. Mehrotra, who lives in Mumbai and Boston.
Mr. Pai of Infosys said he was unconcerned about such criticism. He said the people who mattered to the company � employees and customers � raved about its buildings, particularly those that resembled landmarks like the Coliseum at its new campus in the city of Mysore. �They like the fact that it�s so diverse,� he said.
Infosys probably set the standard for ambitious corporate campuses in India more than a decade ago. Many other companies grew helter-skelter wherever they could find space. But Infosys started building large complexes, beginning with its first campus on the southern edge of Bangalore, its home city, in 1995, just a few years after India started to open its economy to the rest of the world.
That first campus, which, after many expansions, can now accommodate 24,000 people, was considered cutting-edge for creating an ordered oasis of lawns and lakes in the midst of the urban chaos that envelops most commercial areas in India. The complex also established the company�s quirky style � with a glass pyramid for an auditorium and a building that resembles a washing machine � and helped set a benchmark for big campuses in the technology industry.
Mr. Pai, who determined the overall layout of the campuses with the company�s chairman, N. R. Narayana Murthy, said Infosys was determined to make every new campus �better than our last campus.�
Their rules include the tenet that no two buildings should look alike. Another audacious goal is that every campus should become a �carbon sink� in the next five years. In other words, trees, lakes and other natural features should absorb more carbon than is generated by the campus.
Some other firms, like Wipro, tend to be more understated, opting for standard-looking office buildings. But even these companies have trademark causes. Wipro prides itself on minimizing the use of power and, especially, water. It recycles water and creates lakes to harvest the rain. At one of its campuses in Bangalore, a training center appears to float on one of these reservoirs.
T.C.S., based in Mumbai, has long had significant operations in and around Chennai, the city formerly known as Madras, which is on the Bay of Bengal. But N. Chandrasekaran, chief executive of T.C.S., said the company previously had too many buildings arbitrarily sprinkled around that region.
The new Siruseri campus, 18 miles south of Chennai, is meant to help consolidate some of those outposts and give employees a sense of place and pride of ownership. �We had multiple buildings and we felt that we should have a campus where employees will feel empowerment, will feel good about working,� he said �and at the same time we have a place to host clients.�
For at least some employees, the plan seems to be succeeding.
Deenathajalan Sugumar, who works in production support, recently moved to the new T.C.S. campus in Siruseri from a smaller building in Chennai. He gushed about the campus, even though he now commutes by a company bus for more than an hour every day, more than double his previous travel time.
�It�s my home,� Mr. Sugumar, 24, said. �It�s my company.�
The Outsourcing Battle (http://www.nytimes.com/interactive/2010/12/28/business/global/20101228-sizzle-ss.html) New York Times
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Remember when I was mentioning ability to pay and what happened in 2004.
Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.
Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.
California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.
Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.
Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.
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I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
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I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.
Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.
I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.
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The reason he is so popular is because he appeals to populist sentiments .. its the easiest thing in the world to blame foreigners when the economy is bad and believe everything will be hunky-dory if they are kicked out.
I used to watch his show for 2 yrs. This is what exactly he wants to do. I agree 200% to the above passage. He wants to build walls for everything, technolgy, foriegn goods and Immigrants(legal and illegel). I am surprised that he is a harvard graduate. He want to send 15 mil illegals out, which is 10% of the whole work force. The current unemployment in this coutry is under 5% which the best in the world. How is he going to fill the jobs that were left behind by the illegals...
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What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.
To start with, you are not the only one with a full time job in America. Just so that you know I do FULL-TIME job. But I take no pride in bashing people who are not exactly the same as I am. I think you are doing that well and one fool is more than many.
BTW, each consultant is also full time employee with some company. And stop calling "ILLEGAL" just becuase you can. Apply some logic to your agruments. Is Accenture, KPMG, D&T, Oracle consulting, IBm consulting body shops??? Just want to understand your defination of body shops
UNLESS I WAS EMPLOYED 100% FROM DAY ONE.
H-1B is also allowed for part times.
SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.
Also, some people are killing others by causing accidents when driving cars. Do we ban ALL cars? Likewise, some people are not following the law completely, should all H-1Bs be banned??? Also, Breaking a law doesn't necessarily means CRIME. Speeding is breaking the law, but it is NOT a crime.
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Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
Bhai usko bolo apun gaon gaya hai, kheti karneko.
Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.
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Kannada kyun, aur char mahinay ka kya chakkar hai?
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Apun baap ka naam roshan kar rehle hai.
If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?
What has this to do with immigration ??? Does Antulay support EB2/EB3 reforms ? Do he mention anything about wasted visa numbers.
This is not a place to post/preach religious, spiritual believes unless it gets you the Green Card. If many Indians visit this forum, it does not become hosting agent for your thoughts. Now don't waste your time and server hard disk space posting something back on this thread.