Friday, July 1, 2011

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  • sankap
    07-09 09:34 PM
    Supreet:

    Based on my extensive research on the topic:

    1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
    2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
    3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
    4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.

    Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.

    However, a few follow up questions.

    1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?

    2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?

    3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?

    Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.


    Your help is highly appreciated.

    Thanks!!

    - S




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  • gkattalu
    08-28 07:24 PM
    My wife and I submitted affidavits about the date of birth. We received our approvals 10 days without any RFEs about those affidavits.

    -GK

    For those who got approvals,

    Were there any RFEs regarding birth certificates in the cases where an affidavit was submitted initially?

    I submitted birth affidavit with my application, PD 24/March/06, goes current from 1/Sep.

    I understand from my parents that it takes good effort and may take long time to get the birth certificate. It will be a great help if you can share your experience.

    Thank you.




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  • mirage
    03-08 05:09 PM
    I don't find anything wrong with that, there are more important social issues than spending time on greencard seeker forums......Atleast 1 attorney who explained it elaborately was Ron Gotcher, you can check on his website for that info...
    That is many peoples problems isn't it? They are active on forums, care about greencards, keep abreast on legislative stuff and then once they get greencard they disappear.

    If someone is from USA and they go to your country and live there for five years; they do not have historical context of why things are done the way they are done; no matter how long they research it.

    We'll see when statistics come out. Which lawyers by the way say their interpretation is 180 degrees different?

    How much visas did India get for the period October 1, 2004 to September 2005 (off the top of my head it was 50,000)

    From October 2005 to September 2006 (it was around 10,500)

    For the period October 2006 to September 2007 (someone want tofind it; it was more then 7%)

    October 2007 to September 2008 (to be determined)

    Department of State has been all over the place by changing their interpretation? btw; I doubt with visa movements the way they are that they are establishing country quota of 7%. If they were then that would mean there is only 2,800 people including dependents waiting for greencard in eb2 prior to April 2004.




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  • delhiguy
    07-08 05:25 PM
    she can say whatever. the courts have to agree.

    if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.

    not that the constitution was against slavery.


    H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.

    Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,

    If USCIS denies GC for security reasons, you cant sue them.



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  • cram
    06-11 10:18 PM
    I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?




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  • kk_2000
    08-13 04:47 PM
    My wife got her receipt notice today

    RD: July 2nd, ND: Aug 6th.



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  • dtekkedil
    07-11 11:41 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.

    Are you a journalist by any chance? :D




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  • desi3933
    07-08 03:40 PM
    .........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it


    Very well put. To the spot.

    You have put nicely what I mentioned in my previous post
    each professional (roadie) is alone and has to look after his own best interests.

    To take it further, roadies form groups (team) to complete tasks, here at IV, immigrants form group to achieve their goals, but ultimately, its everyone's personal quest to be part of this great country.

    But, may I add here, we should remember our past and if we can't help any future immigrant, the least we can do, is to encourage him/her.

    Wishing success to everyone. yes, to everyone who wants to be part of this great country. Just a fine print, everyone who has played by the rules (aka legal immigrants). Undocumented immigrants should wait in line after legal immigrants.

    Afterall, this nation is built by, in part, by immigrants.


    .



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  • nixstor
    07-07 10:16 PM
    I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.


    There are a lot of people in DC like me. The permissions depend on which part of DC we want to rally.

    Do we want to rally around the capitol meet congressmen and senators in the immigration sub committee?

    Do we want to go to offices of USCIS and DOS and request to consider the first VB?

    As some one has said, there has to be a poll on the home page and if we have to tip off media ahead.




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  • anilnag
    05-02 03:55 PM
    in contributions and in any thing else... I started contributing even before lot of people here heard about IV.

    Ask a few more to give me red... I will be happy to get more for saying what I said.



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  • abracadabra
    07-07 11:03 PM
    Where you getting your number from? Did you already set up poll?
    I appreciate your time in answering in asking this question. I am real serious about this issue. I am positive I can get more, as you know we desi have a very sleepy community, if we kick their as*** they all will come.




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  • Ramba
    07-11 11:39 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?


    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.

    AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.



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  • atul555
    03-26 06:01 PM
    I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
    We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
    I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.

    Man, this website relieves my stress as it makes me realize that there are people whole lot depressed than I am , and it puts my life into perspective. Stress is only a state of mind.
    For you sir, please live up to your username and cheer up. First thing you need to do is make a baby, everything will fall in it's place, trust me.




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  • kondur_007
    07-28 01:04 PM
    Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.

    Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.

    This is exactly I have been trying to communicate for a long time.

    I said this in my previous posts:

    Following is my post from May:

    http://immigrationvoice.org/forum/showthread.php?t=18876

    Then I said it again:

    http://immigrationvoice.org/forum/showthread.php?t=19058&page=2

    Then I said it again and again:

    http://immigrationvoice.org/forum/showthread.php?p=261937#post261937

    And I urge again, this is not the "fight between EB2 and EB3" but a reality that something needs to be done for EB3. Although I am not EB3 myself, I have many frieds stuck in EB3, and it is very unfair to them and their families to wait several years in line.



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  • raydhan
    06-20 09:16 AM
    logiclife,
    Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?

    Appreciate your feedback.




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  • simple1
    05-01 01:31 PM
    Thanks vbkris77. That is what I am saying.
    There is no references in INA showing EB dependents must be counted in EB quota. period.

    INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.



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  • eb3_nepa
    07-05 06:02 PM
    Dude a stinking dead fish could be considered a bio-weapon :D


    Well atleast that gets the message through ;)




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  • nomorelogins
    04-30 02:34 PM
    gcbikari ,

    Your argument is wrong. From the PERM FLATDATA Center DATA,

    These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:

    2003--->62912
    2004--->43,582
    2005---->6133
    -----------------
    1,12,627
    ---------------

    but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?




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  • GCNaseeb
    08-29 01:03 PM
    If receipting update as of 8/24 is correct, they should be doing late July now.
    Wondering why there are not any updates on this thread. :confused:




    SunnySurya
    08-18 01:32 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.
    Sunny Surya,

    With all due respect let me make a couple of observations here.

    1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.

    2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?

    3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?

    If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?

    One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.

    Thanks!




    Sakthisagar
    11-18 09:37 PM
    Done!



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