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
wallpaper World War II advertising
venkygct
08-18 10:15 PM
My wife has got her EAD approval email today...We applied on July 22....
EB2, TSC
PD - 10/2006
Applied on - July 17, 2008
Receipt Date - July 22,2008
No LUD
Card Production Ordered on - Aug 18th, 2008
EB2, TSC
PD - 10/2006
Applied on - July 17, 2008
Receipt Date - July 22,2008
No LUD
Card Production Ordered on - Aug 18th, 2008
GC_wait_forever
11-21 03:10 PM
Hi Mehul,
Thank you for clarifying your situation. If you need any assistance please PM me. I have doctors in my family in the US and some are very very well placed. They can help you. I still believe that your first priority should be to get better. Things will fall in place.Reach out to us if there is anything we can help you with.
Thank you for clarifying your situation. If you need any assistance please PM me. I have doctors in my family in the US and some are very very well placed. They can help you. I still believe that your first priority should be to get better. Things will fall in place.Reach out to us if there is anything we can help you with.
2011 to all World War II Royal
X-Wing
07-06 04:01 PM
Order # FNK1821065
Deliver on: Tuesday, Jul. 10, 2007
Gift Message and Signature: Thank you for giving us Hope for a few hours on July 1st and then taking it away. We enjoyed the ride and felt the pain. Wish you all the best for future Employment Based visa estimates on Visa Bulletins.
All, keep up the good work!!
Deliver on: Tuesday, Jul. 10, 2007
Gift Message and Signature: Thank you for giving us Hope for a few hours on July 1st and then taking it away. We enjoyed the ride and felt the pain. Wish you all the best for future Employment Based visa estimates on Visa Bulletins.
All, keep up the good work!!
more...
grupak
12-16 10:47 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
The situation is depressing but I don't intent to accept it laying back. I want to fight it. Years from now looking back I will be happy that I did what I could to fight it.
IV gives me the framework to fight effectively.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
The situation is depressing but I don't intent to accept it laying back. I want to fight it. Years from now looking back I will be happy that I did what I could to fight it.
IV gives me the framework to fight effectively.
Devils_Advocate
03-07 02:05 PM
Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?
more...
delhirocks
07-09 06:36 PM
We made news at USCIS! Whatever he does with the flowers is not our concern. The fact is we made the news there. Hopefully the media will pay attention too.
Agree...The way I look at it, its 2 birds with one stone...we make our protest, which gets noticed...and it (hopefully) will put a much needed smile on American service men & women
Agree...The way I look at it, its 2 birds with one stone...we make our protest, which gets noticed...and it (hopefully) will put a much needed smile on American service men & women
2010 Field of Stars at World War II
apahilaj
11-06 02:23 PM
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
more...
k3GC
05-23 11:01 AM
Sent email to 2 state senators + 10 senators listed.
hair enters World War II.
shankar_thanu
03-25 04:20 PM
Mani_r1,
Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8
Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8
more...
abq_gc
08-18 01:23 PM
Security background should not be an issue more... It is pathetic that folks with PD 2002 are still waiting... You guys are silently sufferiing , it is time that you remain silent no more.
I am with Sunny... we have to do something.... and something before this year ends... who knows what the heck will happen once OCT comes... this window is critical..
I am with Sunny... we have to do something.... and something before this year ends... who knows what the heck will happen once OCT comes... this window is critical..
hot World War II Timeline - Year
gondalguru
08-06 08:36 PM
People with soft LUD on I-140 on 7/13 are getting their I-485 approved from TSC. Nothing concrete but a trend. Hope for the best.
more...
house Unseen World War II Photos
gcisadawg
03-06 05:56 PM
I did not want to respond you but here's what can be achieved by lifting the country caps even for 2 years. If you lift the country cap, oldest PDs get the green Cards irrespective of their country, considering it's Indians & Chinese who are stuck the most, believe it or not, India will get all of 140K Visas, you can easily expect India and china to come at par with ROW, I know with your intelligence level, it is hard for you to understand, but if you are in a line, you are always going to get benefited if more people before you get eliminated fom the queue...
dude,
you may want to think twice before questioning kunju's intelligence level.
he is just awesome, but in the other direction! :D
-G
dude,
you may want to think twice before questioning kunju's intelligence level.
he is just awesome, but in the other direction! :D
-G
tattoo Instead of Nazis in World War
SleeplessinSeatle
08-06 05:40 PM
My I-485 was received by NSC, on Jun 25th. Called USCIS today, they said information is not in system. Lawyer is also not repsonding, if checks are cleared. My previously approved I-140 from TSC has a LUD of 08/05/07.
more...
pictures World War II Image Gallery
gondalguru
07-31 11:19 PM
EAD renewal applied for self / spouse
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
dresses World War II
saketkapur
09-24 06:34 PM
Guys this year's party is pretty much over :rolleyes:....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....
As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)
Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D
As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)
Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D
more...
makeup Soldiers: Heroes of World War
crystal
07-05 11:11 AM
You are absolutely right. The thread owner should have explained the concept for the non-indians and made it more acceptable by others.
It is never late , the thread owner can you please update in the first page regarding what this is all about.
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
It is never late , the thread owner can you please update in the first page regarding what this is all about.
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
girlfriend Soldiers: Heroes of World War
delhiguy
07-07 08:05 AM
Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007
The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..
I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007
The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..
I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
hairstyles File:World war II german gas
jsb
08-30 04:38 PM
Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.
That is good news. Did you enter your id in the system and check if EAD/AP are in the works.
That is good news. Did you enter your id in the system and check if EAD/AP are in the works.
shantak
03-31 03:27 PM
Well after you enter the receipt notice, automated service gives you the information and then you can press the option that you did not find any info and then it will connect to a rep and tell him to open an SR
Atleast this is what I did
service rep. I tried calling could not find a way to talk to somebody to create SR. Can anybody help? What are sequence of numbers after calling 800 number...
Thanks.
Atleast this is what I did
service rep. I tried calling could not find a way to talk to somebody to create SR. Can anybody help? What are sequence of numbers after calling 800 number...
Thanks.
chanduv23
03-10 07:10 AM
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.
Having a cooperative employer makes a big difference, something that makes you comfortable.
Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.
After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.
In short, retrogression will be there and will affect us.
If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.
I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.
Having a cooperative employer makes a big difference, something that makes you comfortable.
Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.
After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.
In short, retrogression will be there and will affect us.
If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.
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