diptam
09-29 11:46 PM
Your employer do NOT have to give LC or Original 140 to you for invoking AC21. If you have 485/AOS receipt ( which is your personal property) and you got a copy of 140 receipt ( if not approved) / copy of approval notice and that 485 shows more than 180 days from RECEIPT DATE you are good to switch Jobs.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
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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
logiclife
11-21 11:47 AM
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
Sorry to hear about this Mehul. Wish you a speedy recovery.
Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".
Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.
I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.
I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.
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
Sorry to hear about this Mehul. Wish you a speedy recovery.
Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".
Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.
I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.
I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.
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sss9i
09-17 05:17 PM
PD: June 2007
Labor:EB2
I-140,I-485,I-765,I-131 filed: 08/01/2007
Received at NSC:08/02/2007
Receipt dated: 08/02/2007
Notice Date : 09/11/2007
Not attending DC rally due to personal reasons.I am from Phoenix.
Best of luck to all of you. We are all in this together and I'm sure We will Success.
Transaction ID: 0P237601M6361433A. I will contribute more.
Labor:EB2
I-140,I-485,I-765,I-131 filed: 08/01/2007
Received at NSC:08/02/2007
Receipt dated: 08/02/2007
Notice Date : 09/11/2007
Not attending DC rally due to personal reasons.I am from Phoenix.
Best of luck to all of you. We are all in this together and I'm sure We will Success.
Transaction ID: 0P237601M6361433A. I will contribute more.
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gandu_no1
07-11 03:15 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
I quickly signed up on this site and sent the flowers to be delivered yesterday.
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
JunRN
09-12 07:43 PM
You could be looking at the wrong Service Center for the Receipting Update.
For example, you sent your application to NSC and now, you're looking at NSC Receipting Update which tells us "July 29"....and you question, I sent my application on July 5, why until now I don't have my receipts?
The most logical answer is that if your application was sent to NSC but transferred to TSC; you should look at TSC Receipting Update which says "July 2".
For example, you sent your application to NSC and now, you're looking at NSC Receipting Update which tells us "July 29"....and you question, I sent my application on July 5, why until now I don't have my receipts?
The most logical answer is that if your application was sent to NSC but transferred to TSC; you should look at TSC Receipting Update which says "July 2".
more...
acecupid
09-24 08:59 PM
I am moderately amused by your usage of the phrase "Stay in line" :)
The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.
There, does that explain it in your own terms ?
In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.
So "Stay in line" :D
The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.
There, does that explain it in your own terms ?
In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.
So "Stay in line" :D
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gcsucks
05-04 02:31 PM
Im really not sure if this helps EB3 cases. for example in my case i have a bachelors degree + 10 years expereince and stuck in EB3. I dont think this will help me because I dont have an US degree.
Correct me if im wrong.
Correct me if im wrong.
more...
gccovet
07-24 04:01 PM
you are aware that you can get temporary ead issued from local uscis office if its taking more than 90 days for ead to arrive?
Hi,
That's called intrim EAD, which, I have mixed feelings about, somewhere I read , USCIS stopped providing intrim ead july 2006.
But somewhere (i don't have a link) I read they started again. I guess, I will try to get infopass and see how it goes.
Thanks though.
GCCovet
Hi,
That's called intrim EAD, which, I have mixed feelings about, somewhere I read , USCIS stopped providing intrim ead july 2006.
But somewhere (i don't have a link) I read they started again. I guess, I will try to get infopass and see how it goes.
Thanks though.
GCCovet
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BharatPremi
03-26 10:21 AM
2008, 2009 = 280K
Total EB 485 applicants whose PD<2006 approx 200K????
Ans: Problem is these 200k are form India and China only.:) So this 200k workload will be adjusted against 22000 total (EB2/3- China, India) per year and that is how 10 years.I think you guys are in good shape. I dont know why it will take 10 years.
The process is streamlined now.
PERM process
140 immediately after labor
Note: Not yet. Still many rot in I-140 queue and premium has not started yet.No more labor substitution no more cutting lines.
NC>180 days you will GC
Once they reinstate 140 premium processing.....all the backlogs will be cleared by next year october.
see above
Total EB 485 applicants whose PD<2006 approx 200K????
Ans: Problem is these 200k are form India and China only.:) So this 200k workload will be adjusted against 22000 total (EB2/3- China, India) per year and that is how 10 years.I think you guys are in good shape. I dont know why it will take 10 years.
The process is streamlined now.
PERM process
140 immediately after labor
Note: Not yet. Still many rot in I-140 queue and premium has not started yet.No more labor substitution no more cutting lines.
NC>180 days you will GC
Once they reinstate 140 premium processing.....all the backlogs will be cleared by next year october.
see above
more...
coolpal
08-02 10:10 AM
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
...and probably add more servers (err... service centers) to serve the demand ;)
pal :)
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
...and probably add more servers (err... service centers) to serve the demand ;)
pal :)
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sam_i02
07-10 08:33 PM
Just got back from Canada.
All went smooth. Upon arrival at Toronto (Pearson) Airport, the Landing procedure was very smooth and pleasant. No questions asked about our business in the US at all and about how long we were going to be in Canada. We dealt with 4 different Canadian officials at various points in the landing process and all were very pleasant and easy going.
We stayed in Canada for a week. Liked it. Did a lot of sightseeing and research all over Ontario. We will be going back in December to British Columbia to check that side of the country out and decide where we would live if we move to Canada.
This afternoon (07/10) we flew back to the US. Once again we got no questions about our business in Canada. The US IO did ask how long we were there for.
The AP processing took about 45 minutes and after that we hopped on the puddle-jumper and landed in Baltimore. The US IOs were actually the nicest i have seen (had not left the country since 2000) and i noticed that all the IOs were minorities (middle-eastern, Indian, pacific rim origins).
Overall good trip + we have Canada in our back pocket in case there is no progress with our US GC in the next 12 months. I recommend others to do the same, our whole process took less than 2 years. Plus we did it on our own without any attorney. It is quite straightforward.
All went smooth. Upon arrival at Toronto (Pearson) Airport, the Landing procedure was very smooth and pleasant. No questions asked about our business in the US at all and about how long we were going to be in Canada. We dealt with 4 different Canadian officials at various points in the landing process and all were very pleasant and easy going.
We stayed in Canada for a week. Liked it. Did a lot of sightseeing and research all over Ontario. We will be going back in December to British Columbia to check that side of the country out and decide where we would live if we move to Canada.
This afternoon (07/10) we flew back to the US. Once again we got no questions about our business in Canada. The US IO did ask how long we were there for.
The AP processing took about 45 minutes and after that we hopped on the puddle-jumper and landed in Baltimore. The US IOs were actually the nicest i have seen (had not left the country since 2000) and i noticed that all the IOs were minorities (middle-eastern, Indian, pacific rim origins).
Overall good trip + we have Canada in our back pocket in case there is no progress with our US GC in the next 12 months. I recommend others to do the same, our whole process took less than 2 years. Plus we did it on our own without any attorney. It is quite straightforward.
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rc0878
08-13 02:01 PM
Sent to NSC (Lincoln, Nebraska) ...reached on July20th. No action yet.
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dpp
07-28 11:51 AM
This argument applies to EB3 and EB1 also. Also, we already crossed that line of proving that no other qualified is available. Even EB3 does the same. So, you are asking to audit everybody?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
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rajeshalex
08-26 12:43 PM
Applied in July 10th. Today saw the mail that approval notice has been sent.
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arnet
06-28 03:20 PM
thanks waldenpond.
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SunnySurya
08-18 02:45 PM
You got that right!, so you are going to help out here or what?
He is looking for people with good english skills to write letters on his behalf :) He is admitting that, so no issues there!
He is looking for people with good english skills to write letters on his behalf :) He is admitting that, so no issues there!
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07-20 08:48 AM
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ashishgour
09-21 10:53 AM
Hi,
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
I am in the same boat...with approved 140 from TSC.
So I believe my case might have been transferred to TSC.
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
I am in the same boat...with approved 140 from TSC.
So I believe my case might have been transferred to TSC.
snathan
04-22 05:42 PM
Hi Admin,
Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.
How many of you ready to donate if we raise fund to help Mehul's family?
Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.
How many of you ready to donate if we raise fund to help Mehul's family?
gc4me
07-21 12:44 PM
Recieved by USCIS on July 11, LUD JUL 15th.
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