sankap
07-10 02:00 PM
@supreet:
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
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reddymjm
06-08 06:47 PM
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
coolvigo
07-09 01:19 PM
everyone....join hands....send flowers so that they reach Tomorrow.....
Show them we are from the Land of Gandhiji !!!
Show them we are from the Land of Gandhiji !!!
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amsgc
03-10 01:48 PM
what makes you think i am sitting at home waiting for the gc?
my post was in response to Sayantan's post - go back and read what he said.
The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?
Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.
my post was in response to Sayantan's post - go back and read what he said.
The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?
Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.
more...
payur
07-11 10:21 AM
Way to go !!!!
dtekkedil
07-03 12:04 PM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
more...
GCcomesoon
11-06 04:00 PM
Hi
What did the infopass appointment tell you? Were the officers knew what they were talking about?
Thanks.
They said they will send email to TSC & hopefully I should get the FP in next 30 days , if not I should come again which I did. This time they did the same email thing .Actually I went 2nd time to know whether my NC was clear or not. Menwhile I had created 2 SR's by calling USCIS too.
I hope to get the FP in next few days .
Thanks
GCcomesoon
What did the infopass appointment tell you? Were the officers knew what they were talking about?
Thanks.
They said they will send email to TSC & hopefully I should get the FP in next 30 days , if not I should come again which I did. This time they did the same email thing .Actually I went 2nd time to know whether my NC was clear or not. Menwhile I had created 2 SR's by calling USCIS too.
I hope to get the FP in next few days .
Thanks
GCcomesoon
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dtekkedil
07-03 12:34 PM
Hello folks looks like that link for the "sweetheart roses" doesn't work anymore (They probably ran out!)! The cheapest flowers I could find now are these -
http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses
http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses
more...
drirshad
08-19 03:23 AM
Indeed we are IT professionals, the billing stops our brain stops ......
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
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mpkmaster
06-26 09:41 AM
The process of converting of the American society into a Latino-Mexican one is well on its way and progresses.
This and many other threads have undoubtedly a huge racist component and we urge the administrators to quickly remove them.
You don't deserve to get a green card!
What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
Shame on you!
This and many other threads have undoubtedly a huge racist component and we urge the administrators to quickly remove them.
You don't deserve to get a green card!
What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
Shame on you!
more...
GC_Applicant
07-20 01:12 AM
Great job people.
This is the least that everyone benefitted from july VB should do.
Waiting to hear further instructions on how to send $100.
Thanks
This is the least that everyone benefitted from july VB should do.
Waiting to hear further instructions on how to send $100.
Thanks
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dtekkedil
07-05 01:47 PM
This is a neat idea to draw worthwhile attention which at the same time won't cause any hatred. I'm sure most of us would like to act upon this.
Can one of core members talk to a florist and workout some kind of arrangement where if we call them and give a code and payment they would process the order with a pre-set message and delivery address. I'm sure we will have a large participation if we make the process simple for the mass.
Also make this a front page message.
Core members cannot "officially" endorse this. So they will not. If we want to do this then we are doing this on our own!
Can one of core members talk to a florist and workout some kind of arrangement where if we call them and give a code and payment they would process the order with a pre-set message and delivery address. I'm sure we will have a large participation if we make the process simple for the mass.
Also make this a front page message.
Core members cannot "officially" endorse this. So they will not. If we want to do this then we are doing this on our own!
more...
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eaglesvr
07-24 09:12 AM
Filed two EAD renewals to TSC: one on 07/06/08, another on 07/14/08.
Both included only the documents required by the filing instruction, nothing besides.
The first one was accepted, ND 8 Jul, the second returned with a request for a copy of I-485.
Added and re-sent again- no receipt yet.
Both included only the documents required by the filing instruction, nothing besides.
The first one was accepted, ND 8 Jul, the second returned with a request for a copy of I-485.
Added and re-sent again- no receipt yet.
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ski_dude12
08-27 01:36 PM
I really find it amusing how expectations change. Before getting GC it everyone was wishing for approval.
Now after approval, you are equating happiness to how your name appears on the card? Come on.. give me a break.
Look at the big picture that you have the GC approved. All these other things are trivial.
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
Now after approval, you are equating happiness to how your name appears on the card? Come on.. give me a break.
Look at the big picture that you have the GC approved. All these other things are trivial.
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
more...
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aquarianf
04-23 03:39 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
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Winner
06-26 06:29 AM
Walking_Dude,
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
more...
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sbabunle
05-03 05:12 PM
Does SKILL or any other upcoming Bill would annul AC-21 rules? ( if enacted into law)
thanks
babu.
thanks
babu.
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chmur
07-28 12:33 AM
No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
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reddymjm
06-05 07:54 PM
My attorney said he sent my 485 on May 31st so that it reaches on JUn 1st. Will update as soon as my checks get cleared.
paskal
07-09 11:11 AM
it says nothing about who can file an application.
it only says the "status may be adjusted" IF.....
it only says the "status may be adjusted" IF.....
acecupid
09-24 02:06 PM
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
It is really absurd to compare porting with labor substitution. Just because porting is not favourable to you, doesnt mean people are abusing the process. Unlike labor substitution which was sold for $$$, the person porting from EB3 to EB2 has to show enough proof to get ported to EB2. Get your mind out of the gutter. By making these allegations you are hurting your own cause and it will not benefit anyone. There is only one queue which is based on priority date and not based on category in which it was applied. You may think it is unfair to YOU but that is the law.
Can you prove that the law is broken by porting ? What is the basis for your argument other than YOU think it is unfair to YOU ? Stop being so paranoid and help with efforts that help the entire EB community.
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
It is really absurd to compare porting with labor substitution. Just because porting is not favourable to you, doesnt mean people are abusing the process. Unlike labor substitution which was sold for $$$, the person porting from EB3 to EB2 has to show enough proof to get ported to EB2. Get your mind out of the gutter. By making these allegations you are hurting your own cause and it will not benefit anyone. There is only one queue which is based on priority date and not based on category in which it was applied. You may think it is unfair to YOU but that is the law.
Can you prove that the law is broken by porting ? What is the basis for your argument other than YOU think it is unfair to YOU ? Stop being so paranoid and help with efforts that help the entire EB community.
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