desi3933
07-10 06:54 AM
@desi3933:
This comment was then obviously was not directed to you but to others who advise to "file AC21."
Thanks, Sankap, for the clarification. Because, in this post you have addressed that post to me and asked me this as #7. Here is that post again -
@desi3933:
1. ....
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?
Please show me any of my post where I have advised people to file for AC-21.
.
.
This comment was then obviously was not directed to you but to others who advise to "file AC21."
Thanks, Sankap, for the clarification. Because, in this post you have addressed that post to me and asked me this as #7. Here is that post again -
@desi3933:
1. ....
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?
Please show me any of my post where I have advised people to file for AC-21.
.
.
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GCDream
07-03 09:01 AM
I am with you guys. Lets do it.
english_august
07-05 12:18 AM
Hey Friends -
We need to keep a track of the number of flowers being sent. So if you are sending flowers, then make sure that you respond appropriately to the poll in this thread. It is very difficult to go through all the posts individually to figure out the total count.
Let us please keep just this single thread active:
http://immigrationvoice.org/forum/showthread.php?p=99731
We need to keep a track of the number of flowers being sent. So if you are sending flowers, then make sure that you respond appropriately to the poll in this thread. It is very difficult to go through all the posts individually to figure out the total count.
Let us please keep just this single thread active:
http://immigrationvoice.org/forum/showthread.php?p=99731
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samrat_bhargava_vihari
06-13 09:50 AM
Hi any body got FP notice with your receipt notice?
more...
vij
06-16 03:22 PM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Wow Congrats buddy, I still did not get Receipt notice and not even my checks are cashed
Applied to reach NSC on May 31 (current in May)
I-140 was Approved from NSC
Receipt Date - May 31
Notice date - ??
Checks not cashed yet
Wow Congrats buddy, I still did not get Receipt notice and not even my checks are cashed
Applied to reach NSC on May 31 (current in May)
I-140 was Approved from NSC
Receipt Date - May 31
Notice date - ??
Checks not cashed yet
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chanduv23
11-21 02:01 PM
Dear Mehul,
Sorry to hear about your situation. Our prayers to God to help you in your situation.
Attorney Prashanti Reddy has been involved in a lot of pro bono work especially for spouses of 9/11 victims. You can contactt her, let me know if you want to get her consultation. She is a big supporter of IV.
Like everyone here said, things change. I am sure things will go well for you.
Chandrakanth
Sorry to hear about your situation. Our prayers to God to help you in your situation.
Attorney Prashanti Reddy has been involved in a lot of pro bono work especially for spouses of 9/11 victims. You can contactt her, let me know if you want to get her consultation. She is a big supporter of IV.
Like everyone here said, things change. I am sure things will go well for you.
Chandrakanth
more...
repy_ram
07-20 07:25 AM
I am in too. :)
Pledging $100 for this effort.
Pledging $100 for this effort.
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dixie
10-18 02:14 AM
I was in a similar situation .. my employer ended up applying using my bachelor's degree. You can do that, as long as you are not claiming one of the 20000 visas exempted from the cap for masters degree holders.
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
more...
sparuthi
09-14 12:47 AM
I will contribute $200 from my side, and I can also get discount on Lawyers thru my firm...
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paragpujara
01-06 07:43 PM
My infopass appointment was pretty quick. I guess it lasted for only 5 to 7 mins. I opened an SR in the month of September however I never received SR response letter from USCIS which they said they have sent me in the last week of October so I didn't have any SR letter to show him. I carried only receipts for 485,765 and 131 for myself and my wife. I asked IO that it's been more than 90 days since I received receipts for employment based 485 and haven't received FP yet. He asked me for Photo Id and receipts for myself and my wife. Then he asked whether I received work authorization (765) and travel document (131) or not. Then he entered our information (receipt no and confirmed my address as well as my attorney's address) and was searching something in his machine and said I will get my FP soon. I asked him is there any time line? He said within 3 weeks. That's it. He said they have received many applications in the month of July and Aug and that's why they are lagging. I guess this is it. I was out of USCIS office within 10 mins.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
more...
dreamworld
12-13 03:36 PM
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page.
-----------------------
BTW: Funding thread crossed 100 pages and it is a history for a funding thread. Let’s keep this spirit.
Finish this year 2007 with your support to IV lobby efforts. Show your generosity to your own cause.
Try to write to your local congressman and explain your situation in one page.
-----------------------
BTW: Funding thread crossed 100 pages and it is a history for a funding thread. Let’s keep this spirit.
Finish this year 2007 with your support to IV lobby efforts. Show your generosity to your own cause.
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fide_champ
04-20 09:34 PM
Report them to USCIS and blacklist them. They don't get anything by suing you. They have more to lose if you report them to USCIS.
more...
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jsb
11-08 12:42 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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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
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
more...
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priti8888
12-18 07:30 PM
Some of my cousins and friends who are just leaving college (even the prestigious IIT's) are unwilling to come to the US.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
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dtekkedil
07-03 12:11 PM
Wouldn't hurt!
Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?
Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?
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cram
06-12 02:13 AM
I was under the impression that you cannot file before June 1st..
Fortunately, my PD became current on May 1
Fortunately, my PD became current on May 1
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franklin
06-05 05:06 PM
Sent May 31st to arrive June 1st - no receipt number yet. My laywer said it will take about 10 days to get receipt...
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Alabaman
05-04 03:53 PM
Please whats all these arguments about? MS from the states, BS + 10 years experience etc. Please we don't need all these. There are people that come to the states and dont even pay a dime in tuition instead they even get paid - in the form of research assistanships and scholarships.
Whatever the case, it is not fair to come to the US work for a long period of time and then get thrown out (say after 6 years) like the H1B visa.
What we need to concentrate our energy and efforts on is for congress to create a PATH for SELF SPONSORSHIP of GCs. For example, if u have lived LEGALLY in the US for 5 or more years, paid taxes and stayed out of troble then you should be able to apply for a green card. That gives you some hope that if I do such and such then one day I'd qualify for a green card. It also takes care of those that started counting as F1 then H1. It balances out everything.
The way it is now, there is no hope. Everything is uncertain. We are living uncertain lives. If we get sacked, we dont even know what step to take next. It is so dipressing and furstrating. Thats exactly what it is tempoary workers living TEMPOARY LIVES. Some are just waiting until 6 years H1 B expires and then .... yes and then what?? They dont even know. As it is most employers are unwillingly to sponsor GC. Why go through all the troubles??
Of course a lot of guys have gone ahea and gotten married just to get GC and which brings back the question... who is the system designed for? Those who struggle to abide by the law or those who take the short but fraudlent route. Your guess is as good as mine.
So this is what we should be fighting for... a PATH in such a way that you can SELF SPONSOR and not frivolous arguements between ourselves..... Spread the word!
Whatever the case, it is not fair to come to the US work for a long period of time and then get thrown out (say after 6 years) like the H1B visa.
What we need to concentrate our energy and efforts on is for congress to create a PATH for SELF SPONSORSHIP of GCs. For example, if u have lived LEGALLY in the US for 5 or more years, paid taxes and stayed out of troble then you should be able to apply for a green card. That gives you some hope that if I do such and such then one day I'd qualify for a green card. It also takes care of those that started counting as F1 then H1. It balances out everything.
The way it is now, there is no hope. Everything is uncertain. We are living uncertain lives. If we get sacked, we dont even know what step to take next. It is so dipressing and furstrating. Thats exactly what it is tempoary workers living TEMPOARY LIVES. Some are just waiting until 6 years H1 B expires and then .... yes and then what?? They dont even know. As it is most employers are unwillingly to sponsor GC. Why go through all the troubles??
Of course a lot of guys have gone ahea and gotten married just to get GC and which brings back the question... who is the system designed for? Those who struggle to abide by the law or those who take the short but fraudlent route. Your guess is as good as mine.
So this is what we should be fighting for... a PATH in such a way that you can SELF SPONSOR and not frivolous arguements between ourselves..... Spread the word!
lskreddy
09-13 11:31 PM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
mrajatish
05-01 09:41 AM
Yes, Any idea on when this bill come on the floor?
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