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 foto, MTV Movie Awards 2011,
piyushvora
02-10 05:11 PM
I just contributed $20 via paypal.
leoindiano
01-26 05:35 PM
called USCIS on jan 4th, they said they are scheduling, it will take 3 weeks to get the notice, till now nothing.
called yesterday again, this time they said 45 days. Opened SR. I am hearing no use with SR. Not sure what is going on?
Meanwhile, i gave this procedure to a freind and they got notices.
Can anybody tell me if there will be an LUD on i-485 when they issue a FP notice?
called yesterday again, this time they said 45 days. Opened SR. I am hearing no use with SR. Not sure what is going on?
Meanwhile, i gave this procedure to a freind and they got notices.
Can anybody tell me if there will be an LUD on i-485 when they issue a FP notice?
2011 emma watson amp; emma stone mtv
GCStatus
09-15 12:12 PM
I have sent my contacts ..
Thanks Krishna
MAN-WOMAN-GC - Here we go, first one has reached you
Thanks Krishna
MAN-WOMAN-GC - Here we go, first one has reached you
more...
SKK2004
08-25 01:20 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
shaikhshehzadali
06-13 07:57 PM
No Premium For I140.. I filed on 7th June. My checks has not cashed yet. Anybody who was file around 7th and their checks cashed?
more...
EB3_SEP04
08-15 11:22 AM
Got emails today: Card production ordered for both applications
What's your EB category please?
What's your EB category please?
2010 emma watson
desi3933
07-09 11:37 AM
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
more...
GCStatus
09-14 02:36 PM
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
Chandu - I understand where you come from with your vast experience here. Like i mentioned i am totally new to this site and i am not JUST opening a thread. WE are going to do it. If making the 70k talk is joining the chapter, so be it. Nothing stops us.
Wouldnt have opened the thread just for the heck of it.
Next step is to collect personal informations, see who are nearby meet them in person, arrange conference calls, let the ball rolling
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
Chandu - I understand where you come from with your vast experience here. Like i mentioned i am totally new to this site and i am not JUST opening a thread. WE are going to do it. If making the 70k talk is joining the chapter, so be it. Nothing stops us.
Wouldnt have opened the thread just for the heck of it.
Next step is to collect personal informations, see who are nearby meet them in person, arrange conference calls, let the ball rolling
hair At the after party, Emma
gc_kaavaali
08-31 01:52 PM
Congratulations!!!!
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
more...
qasleuth
02-12 06:57 PM
d
hot after party: Emma Watson
gcbikari
04-25 01:50 PM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
more...
house #Emma Watson #MTV Movie Awards
CADude
08-27 03:45 AM
Posted by Clockwork:
clockwork
Member Join Date: Sep 2006
Posts: 63
--------------------------------------------------------------------------------
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
clockwork
Member Join Date: Sep 2006
Posts: 63
--------------------------------------------------------------------------------
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
tattoo 2011 MTV Movie Awards show
Naveen
07-09 04:05 PM
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
more...
pictures Emma Watson — Abracada-BRA
vij
06-08 05:45 PM
How long does it take to get the notification letter once checks are cleared
dresses emma watson 2011
sury
11-21 10:31 AM
I am shocked to see this thread. All my prayers are with you and your family. As other members suggested, I strongly recommend you to do PRANAYAMA everyday. If possible try to consult any Yoga Teacher.
W.r.t to your question I recommend to you talk to attorney.
W.r.t to your question I recommend to you talk to attorney.
more...
makeup Tags: 2011, awards, emma,
eb3_nepa
12-11 07:29 PM
Totally agreed that quota increase is controversial and an alternative approach must be agreed upon - 1932, CIR and now SKIL has taught us that bitter lesson. I am not by any means questioning the wisdom of going after the low-hanging fruits like 485 filing etc. All I am saying is - we cannot assume everything else remains the same. Things like 485 filing etc are our niche goals - no corporate interest is served by that and in a brutally capitalistic country thats a huge disadvantage.The fact is ANY relief, whether it includes quota increase or not, still takes a lot of lobbying and money to introduce all on its own strength.Yours and mine promotion/career prospects are the least of the lawmakers' worries, however non-controversial it may be and however deserving we may be. The need of the hour is to increase our membership base and contributions - lets face it, 200k in funds is not going to get us too far on our own steam. If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
Dixie, I am not denying that lobbying takes effort time and money. So far however we HAVE convinced the lawmakers about our plight. All I am saying is, we should ask for provisions that our anti-immigrant friends will possibly not object strongly to. It is not simply a matter of promotions and career advancement anymore. It is the fact that our lives are tied to one job and that God forbid should something happen to that job we are outta here. The IV core team already has points about the same and have been meeting lawmakers regularly. My point here is that maybe it is time to take a little step back and realize that at this stage just having yearly EADs is SO MUCH of a blessing for both the individual AND the spouse (if applicable). Like someone on here mentioned, IV was formed because of Retrogression NOT because of GC delays.
Dixie, I am not denying that lobbying takes effort time and money. So far however we HAVE convinced the lawmakers about our plight. All I am saying is, we should ask for provisions that our anti-immigrant friends will possibly not object strongly to. It is not simply a matter of promotions and career advancement anymore. It is the fact that our lives are tied to one job and that God forbid should something happen to that job we are outta here. The IV core team already has points about the same and have been meeting lawmakers regularly. My point here is that maybe it is time to take a little step back and realize that at this stage just having yearly EADs is SO MUCH of a blessing for both the individual AND the spouse (if applicable). Like someone on here mentioned, IV was formed because of Retrogression NOT because of GC delays.
girlfriend 2011 MTV Movie Awards show
seahawks
10-08 03:24 PM
I think "speaking change" versus working together to bring about change is where we all need to think. All of us have our own priorities and including me sometimes miss the point and sit in the sidelines. Make no assumptions, if we can't come together or put in hours of work specifically to support IV, everything will just remain a dream. We need to start taking initiatives and working towards a common goal to fix the broken system. We may disagree on things here and there and IV cannot support or take every position dear to us as an organization. We need to think as a community for the community and not purely my case or your case:)
hairstyles Emma Watson looked absolutely
WaitingYaar
06-07 10:28 AM
AFAIK all 485 filings have to be sent to NSC. Also, does one need to attach the original I-140 approval with I-485 or a copy of it will suffice?
belmontboy
02-14 02:14 PM
Mr. belmontboy...you are the only one Smart@#$ we got here.
MC
Thank you dumba$$
MC
Thank you dumba$$
smbaps
08-01 04:32 PM
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
if I-140 is approved at Texas.
Has anyone have any idea?
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