vij
06-15 05:10 PM
Who gets the receipt notices - only atorney or both atorney and employer/employee
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reddymjm
06-12 05:58 AM
Sent in concurrent filing 1-140 & I-1485 on June 1st .
RD June 4th
ND June 5th
All checks cashed including PP for I-140 ON 2nd June 2007.
I have a couple of questions:-
How long before i get a answer on Premium Processing on I-140.
How long for Finger Printing notice.
How long before i get EAD.
Can i renew my CA drivers license with I-1485 filing receipt or do i have to wait for EAD.
Thanks folks and hang in there.( It took 6 years for LC approval).
Usually it is a maximum of 2 weeks. NSC approved some in 2 days.
FP notice in a month or so..
EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.
RD June 4th
ND June 5th
All checks cashed including PP for I-140 ON 2nd June 2007.
I have a couple of questions:-
How long before i get a answer on Premium Processing on I-140.
How long for Finger Printing notice.
How long before i get EAD.
Can i renew my CA drivers license with I-1485 filing receipt or do i have to wait for EAD.
Thanks folks and hang in there.( It took 6 years for LC approval).
Usually it is a maximum of 2 weeks. NSC approved some in 2 days.
FP notice in a month or so..
EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.
senthil1
12-10 11:22 PM
This could be one side of story. There were other posts which was mentioning about some fake resumes given by some Indian consultancy companies. So all those are isolated cases and we cannot take into account. I am seeing lot of hard working Americans and Indians as well. Also a family person with 2 kids cannot spend 12 or 16 hours per day compared to Bachlors(Most of the Bachlors who are spending 12 to 16 hours are H1b persons). If assesment is done based on that then that does not make any sense. Then do you thinkyou need to fire more than 35 year Old people and recruit 25 year people That is not American way. This country for long time Top rankholders as well as school dropouts also could survive and Lead a decent quality of life. I knew lot of Indians most of them gc holders and some H1b also those who were just average in skills had tough time in getting job between 2000 to 2004 because of more number of H1B people and also economy was bad. So there is no surprise some Americans also might have similar situation. But past 2 years everybody I knew were able to get job and survive well. This is because of economy and also because of limited H1b. But Corporations are asking too much h1b(unlimited by 20% automatic increase every year and exemption for MS people). Certainly that will kill the demand in job market and bring down the rates. I think H1B increase should be compromise between demand and supply. Otherwise there is going to be huge opposition. Congress cannot only favor Business. But as a Senator they have to take care of all groups of people. There may be a possiblity that H1b increase may happen but EB relief may not happen not that much strong lobbey from Business compared to H1B. American companies lie Micosoft, Intel culd not get H1B people because Indian consultancy companies grabbed all the H1bs in first few weeks of April and May not because of numbers. So that is a differentind of problem
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
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immi_grant
12-10 06:31 PM
Sorry to hear about your situation. My prayers are with you.
more...
desi3933
06-27 03:30 PM
Dr. William:
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
That was long time back and was changed in early 90s.
There is no requirement to work for 1 year.
Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.
I could not find a phone number on the site you mentioned.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
That was long time back and was changed in early 90s.
There is no requirement to work for 1 year.
Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.
I could not find a phone number on the site you mentioned.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
shukla77
02-18 04:52 PM
Question remains.. Why ? Why people dont do what is expected when they know that these initiatives are going to help them?
There was a thread poll for another rally, but how many members came forward? How many IV members made an effort to convince others to vote on that poll so that IV core can plan for a rally?
.
There was a thread poll for another rally, but how many members came forward? How many IV members made an effort to convince others to vote on that poll so that IV core can plan for a rally?
.
more...
gc_aspirant_prasad
07-07 10:55 PM
Give me credit for inspiring you all with my signature.;)
Let "Gandhigiri" win.
You rock !:)
Let "Gandhigiri" win.
You rock !:)
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Dreamer07
08-09 10:10 AM
if the only way to reduce the backlog of EB3 is to port to EB2, why EB3 category at all. Just remove that category... Maybe lawyer's should come with a better alternative than giving this lame advice. EB3 category are still employed for the past 10 yrs - shows that they are required-then why not fight to get their number of visas increased or the spill over be applied to them equally as to EB2.
more...
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
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snathan
02-25 10:03 PM
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.
more...
dtekkedil
07-03 07:18 AM
It is good to know that there are a few willing to do something about this!
But we need more people!
Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!
Don't go on with your lives as if nothing happened and don't think that nothing will happen!
Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!
So start to believe people! You can make a difference!
But we need more people!
Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!
Don't go on with your lives as if nothing happened and don't think that nothing will happen!
Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!
So start to believe people! You can make a difference!
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rb_248
12-03 12:41 PM
We will pray for you.
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archanais
07-04 10:41 PM
Yahhh Diptam it really helps,
But beleive me its not that easy to find company Z at least in miami. Major clients don't even interviewH1b candidates.. same old story...
I would love to take revenge with company X at some point in my life :(
Sometimes I feel submit I-485(whenever dates becomes current and pray to the god that Company X don't cancel my I-140) using an initial employement letter from company X and hope it will take more than 180 days and then show paystubs of Company Y upon RFE.
Guys, what do you think ?
First of all - Stay away from X ( be it american/russian or whatever company)
From your post it seems like Y is a kind of better in behaviour, closer to Home
, wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).
I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....
After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.
Does this helps ??
But beleive me its not that easy to find company Z at least in miami. Major clients don't even interviewH1b candidates.. same old story...
I would love to take revenge with company X at some point in my life :(
Sometimes I feel submit I-485(whenever dates becomes current and pray to the god that Company X don't cancel my I-140) using an initial employement letter from company X and hope it will take more than 180 days and then show paystubs of Company Y upon RFE.
Guys, what do you think ?
First of all - Stay away from X ( be it american/russian or whatever company)
From your post it seems like Y is a kind of better in behaviour, closer to Home
, wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).
I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....
After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.
Does this helps ??
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vjverma
07-19 10:07 PM
count me in for a 100 as well.
more...
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wc_user
07-27 07:35 PM
Nobody cares about EB3. It is very apparent now. We, who filed in EB3 are on our own.
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pt326bc
10-01 04:25 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
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Macaca
12-11 09:36 PM
I have mentioned IV to a some Indians. They have no interest. Some of them are not bothered about retrogression. They exepect the GC to fall in their lap while they are sipping tea and eating samosa.
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
For the life of me, I couldn't figure this out either.
I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
For the life of me, I couldn't figure this out either.
I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.
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gcsomeday
07-20 10:46 AM
What are the tax implications for Aman or other recieving this. We dont want uncle sam to take a cut from something like this. Is there any CPA who can throw some light on this?
Maybe this money can be used to create an expense account which can reimburse Aman and others for their expenses. We got to convince the Core to let democracy in IV work one time to create this account.
Maybe this money can be used to create an expense account which can reimburse Aman and others for their expenses. We got to convince the Core to let democracy in IV work one time to create this account.
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feedfront
08-26 02:48 PM
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
ramus
06-18 06:52 AM
How long you guys think it will take to get EAD and AP for June1st fillers..
me too
me too
dilbert_cal
06-05 11:08 AM
The question is: Is he milking you or your your company? LOL and UDD.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
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