vbkris77
05-01 03:41 PM
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
But my friend, CIS has a very very thick skin... So the only language they understand is suit.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
But my friend, CIS has a very very thick skin... So the only language they understand is suit.
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iambest
03-26 02:13 PM
My PD of Dec. 2004, I think it will be late 2010 before I see my date current. I hope we atleast see May 2007 visa bulletin dates in May 2008.
dealsnet
04-22 07:34 AM
We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
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sroyc
11-21 03:48 AM
Sorry to hear about your situation. I would suggest that you talk to a good immigration lawyer about this.
In the worst case scenario, if your wife has an EAD she can try to find a job and ask her company to sponsor an H-1B.
I hope things take a turn for the better for you and your family.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
In the worst case scenario, if your wife has an EAD she can try to find a job and ask her company to sponsor an H-1B.
I hope things take a turn for the better for you and your family.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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hsingh82
02-25 06:31 PM
$25 sent by online check.
vishage
09-28 03:48 PM
Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.
Hi chunky,
I had mailed the application on 24th july to NSC, has a lud on TSC approved 140 on 28th , Do you kow wht it means,Thank you for your reply.
Hi chunky,
I had mailed the application on 24th july to NSC, has a lud on TSC approved 140 on 28th , Do you kow wht it means,Thank you for your reply.
more...
maag
04-10 02:29 PM
did anyone did canada landing having no or expired visa & already used advance parole( i used advance parole for travel to India and my i-94 shows my status as AOS)
I am still not able to decide on whether to give up canada landing or not.
Had spent 6K to do all these and when its time to land........... lot of confusions
Just can't decide what to do....i see no timeline as to how long GC will take.
I am still not able to decide on whether to give up canada landing or not.
Had spent 6K to do all these and when its time to land........... lot of confusions
Just can't decide what to do....i see no timeline as to how long GC will take.
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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...
settling_withgc
07-18 02:19 PM
I got my FP done in Jan 2008 but we never got the FP for my wife. We put in a SR with USCIS customer service.
We did get a response about the delays, but it is taking more than 60 days to get a response.
It has been 5 months since that response came.
We called USCIS customer service and they suggested to go to the fingerprinting location, along with original I-485 receipt notice and the letter stating the delay and see if the IO would take the FP the same day.
Lets see ....
We did get a response about the delays, but it is taking more than 60 days to get a response.
It has been 5 months since that response came.
We called USCIS customer service and they suggested to go to the fingerprinting location, along with original I-485 receipt notice and the letter stating the delay and see if the IO would take the FP the same day.
Lets see ....
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FinalGC
07-09 01:34 PM
The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.
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drak70
11-21 11:26 AM
Dear Mehul
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
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mrajatish
05-02 11:37 AM
The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.
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samrat_bhargava_vihari
06-12 01:21 PM
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
No it shouldn't take that long... some of my friends got it in 2 weeks couple of months back. First time we should get it soon .. renewal only takes time.... I am not sure how long it will take for us, it dependes on their work load also.
No it shouldn't take that long... some of my friends got it in 2 weeks couple of months back. First time we should get it soon .. renewal only takes time.... I am not sure how long it will take for us, it dependes on their work load also.
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abracadabra
07-06 09:15 PM
We are 33 people ready just you all should say GO. I can make a congregation 100 easily
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h4help
10-12 08:33 AM
How current is the online status on this uscis website ?
I check it every day ..
For my husband, even though it said card production ordered, the tier 1 customer service said that it was still pending.
But still he got his card, then only after a few days, the cust service also said the same status..
anybody faced this ambiquity with customer service ?
I check it every day ..
For my husband, even though it said card production ordered, the tier 1 customer service said that it was still pending.
But still he got his card, then only after a few days, the cust service also said the same status..
anybody faced this ambiquity with customer service ?
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geve
11-17 04:49 PM
Thanks to IV and it's core members.
I just completed.
I just completed.
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desi3933
07-09 11:19 AM
it says nothing about who can file an application.
it only says the "status may be adjusted" IF.....
I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).
Also, read (3) again in previous post
an immigrant visa is immediately available to him at the time his application is filed.
Do you know that "his application" means here. Right, it is I-485 application.
______________________
Not a legal advice.
it only says the "status may be adjusted" IF.....
I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).
Also, read (3) again in previous post
an immigrant visa is immediately available to him at the time his application is filed.
Do you know that "his application" means here. Right, it is I-485 application.
______________________
Not a legal advice.
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adobe howm
08-08 01:07 PM
I got the e-mail saying that they have mailed my 485 approval notice on August 4 - but nothing after that - will the notice come to me at home or will it go to the lawyer - also how long before the card production e-mail gets here - not that I am in a tearing hurry - I have waited several years so what is another month ?
Thanks
I can tell you - based on my observation from folks who have received the card before, within 7-10 days your card should be on its way to your HOME not LAWYER.
Thanks
I can tell you - based on my observation from folks who have received the card before, within 7-10 days your card should be on its way to your HOME not LAWYER.
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obviously
04-24 10:53 AM
Folks, it is time for the H1B community to grow up. Business is business. I am not a blood sucking deshi firm, or a silent partner. On the contrary, I happen to be a trained mediator, published author on conflict management and professional in strategy/organizations. My view is pretty simple: mathematical 'tit for tat' doesnt take you far. Build, nourish and manage relationships. Money and math are secondary. Its time to grow up.
MR. Obviously
MR. Obviously
mhtanim
05-19 01:42 PM
No FP yet either.
h1techSlave
03-10 05:56 PM
"There goes my people, I must follow them."
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
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