pd052009
02-04 10:58 AM
I hope many people will contribute when the days are close. The sad part is that they do not realize that IV needs to know the collection amount details in advance to organize a mega event.
50 thousand members and only 10 people contributed?
Shameful. If this is the situation, will IV cancel the event?
50 thousand members and only 10 people contributed?
Shameful. If this is the situation, will IV cancel the event?
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fittan
07-09 02:40 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
ramaonline
02-17 01:42 AM
Payment details
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smuggymba
07-21 10:34 AM
I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?
more...
gvenkat
09-10 07:02 PM
I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)
Sachin_Stock
09-23 04:43 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.
more...
ashshah
12-16 03:55 PM
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?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
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?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
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designflaw
09-14 01:24 AM
What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?
more...
asdcrajnet
02-01 09:03 AM
I thought of going back after getting citizenship, but that would be another 8-9 years at the least. I would miss the big ride in India. When I went there(Coimbatore, Tamil Nadu) 3 years ago, I did not like it that much. But I see a big change in the last 3 years. Infrastructure is improving. Few of my friends have already gone back and are pretty happy over there.
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Lasantha
04-14 10:18 AM
I think you also need a Canadian address.
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
more...
Karthik Thambidurai
07-13 06:24 AM
Just woke up to NPR morning news ... nice coverage on the July bulletin.
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mpadapa
08-18 04:16 PM
8 pages of little substance..:D
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
more...
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manand24
07-02 08:39 AM
Fedex sent June 29, 2007.
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by R Williams.
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by R Williams.
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SGP
11-17 04:47 PM
Sent Once again from my spouse's email ;)
more...
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GKBest
10-18 12:44 PM
I guess USCIS has finally came up with the correct receipting procedure. As projected, every July-August 17 filers should be in the system by the end of the month.
Just hold on. Life is full of surprises.
Hope everyone will get their GCs soon (just a wishful thinking).
Just hold on. Life is full of surprises.
Hope everyone will get their GCs soon (just a wishful thinking).
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bigboy007
05-12 09:48 PM
Not sure Why IV Core should respond when a category goes off... They are working united for all overall suffering and pain for all categories...
Hoping to get some direction / response from IV core.. surprisingly quiet CORE grp this time..
Hoping to get some direction / response from IV core.. surprisingly quiet CORE grp this time..
more...
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sam_hoosier
02-09 11:37 AM
Things are very different in India now compared to when I came to the US (1999). Infact, I might not have taken the decision to come to the US had conditions been what they are now i.e. economy, job situation etc.
That being said, its a personal choice for most people - based on family ties, job situation, field of work and the reason for coming to the US/leaving India.
That being said, its a personal choice for most people - based on family ties, job situation, field of work and the reason for coming to the US/leaving India.
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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
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Santosh_gc
06-26 09:44 PM
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
Jamie:
I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.
Moderator, sorry I broke my promise. But this is the last I will say on this.
Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
Jamie:
I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.
Moderator, sorry I broke my promise. But this is the last I will say on this.
Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
dicarol18
08-13 03:25 PM
I-140 approved from Texas.
That's great, I guess Texas is moving now..:)
That's great, I guess Texas is moving now..:)
gc28262
03-06 04:36 PM
What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.
That is one of the curses of democracy. Politicians favor vote banks. After all what they care about is the votes.
That is one of the curses of democracy. Politicians favor vote banks. After all what they care about is the votes.
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