Administrator2
09-23 02:42 PM
the problem is that some of us are likely to eat his lunch
It is not his lunch. We should not see all this as a zero sum game. We all ought to learn not to get dragged into meaningless Eb2 v/s Eb3 fight. It doesn't help anyone. Some of us in IV core had the opportunity to see this situation very closely and witness how it plays out in Washington. No matter who says/starts Eb2 v/s Eb3 fight, you will not get any different response from IV.
Our position and work on this situation is very clear. We are all in this together and we should all help each other out instead of pulling each other down. This is the only way to fix the problem.
It is not his lunch. We should not see all this as a zero sum game. We all ought to learn not to get dragged into meaningless Eb2 v/s Eb3 fight. It doesn't help anyone. Some of us in IV core had the opportunity to see this situation very closely and witness how it plays out in Washington. No matter who says/starts Eb2 v/s Eb3 fight, you will not get any different response from IV.
Our position and work on this situation is very clear. We are all in this together and we should all help each other out instead of pulling each other down. This is the only way to fix the problem.
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glus
08-26 12:33 PM
I am in exact same situation too. The notice date for EAD renewal is July 7th, 2008. I-485 pending at NSC and EAD applied at TSC. Still waiting. I am current as my PD is EB-2 India 9/2004.
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
gc28262
08-25 08:03 AM
gc28262,
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
2011 happy birthday my love poems.
Libra
07-04 10:48 AM
My I-485 application was received by USCIS at 9:01am on july 2nd and signed by R.MICKELS. Hmmm....but still there's no use.
more...
gc_aspirant_prasad
07-05 02:00 PM
AILF is ready to take the cause up, then why not ? Fragmon & Rajiv Khanna are just two opinions. I think the Congresswoman who spoke out on this issue used to be an immigration lawyer prior to taking up public office & she mentions in her letters to DHS that this may be a potential violation of the law.
anantc
08-20 02:45 PM
EAD renewal applied for spouse: July 21 2008
Receipt dt/Check EnCashed: July 23 2008
--------------------------------------------------------------------
PD:Oct 2003
I-140 (EB2) Filed in Oct'06 received query in Dec 2007. Employer forced to change to EB3 140..so
I-140(EB3) Pending and transfered to Nebraska Center
I-485 Pending (But applied before EB2 140 got query) ..so
No Idea!! :((
More than 9yrs waiting now! with some Hope of getting EB3 485 moving to Oct 2003 and up in Sept.
Receipt dt/Check EnCashed: July 23 2008
--------------------------------------------------------------------
PD:Oct 2003
I-140 (EB2) Filed in Oct'06 received query in Dec 2007. Employer forced to change to EB3 140..so
I-140(EB3) Pending and transfered to Nebraska Center
I-485 Pending (But applied before EB2 140 got query) ..so
No Idea!! :((
More than 9yrs waiting now! with some Hope of getting EB3 485 moving to Oct 2003 and up in Sept.
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spulugur
02-27 08:12 AM
$100 - Transaction ID: 1GV95902XD022880S
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deafTunes123
09-03 01:47 PM
Did you change your mailing address after you submitted your I-485?
Some time they correspond to your old mailing address even though you updated the address with USCIS.
Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.
These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.
My 2 cents.
Good Luck.
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Some time they correspond to your old mailing address even though you updated the address with USCIS.
Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.
These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.
My 2 cents.
Good Luck.
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
more...
nogreen4decade
08-31 03:48 PM
Some racists could have intelligence! I am hesitant to put you in that category yet... So I wouldn't call you racist yet.... But may be an Ignorant for now ;-).... Prove it and work your way up to racist !!! You already have an advantage to become a racist with that mindset.
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
more...
akhilmahajan
03-04 10:18 AM
Thanks a lot everyone. I am happy the thread is back and alive.
Grand Total - $2232
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
Grand Total - $2232
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
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hiUS
09-03 10:30 AM
Wait4ever,
I am the same boat, got the approval email and a week later received the approval notice in the mail. Did not get welcome or CPO email. My approval notice says I MAY have to do biometrics again to get my PR card
and they will notify me about appearing for biometrics if required.
Dose your approval notice have a similar message?
Thanks
Did you receive the physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
I am the same boat, got the approval email and a week later received the approval notice in the mail. Did not get welcome or CPO email. My approval notice says I MAY have to do biometrics again to get my PR card
and they will notify me about appearing for biometrics if required.
Dose your approval notice have a similar message?
Thanks
Did you receive the physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
more...
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EB3RESTOFWORLD
09-26 02:03 PM
WE FILED 19 JULY AND RECEIVED NOTICE SEPTEMBER 11 AND eEAD APPROVED SEPTEMBER 24 VWE FILED NCS BUT IT WAS TRANSFERED TO TEXAS
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SunnySurya
08-18 02:16 PM
We don't have much options. Let us jointly send letters to Ombudsman and USICS director and hope something will come out of it.
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
more...
pictures images images of love poems.
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
dresses images Here#39;s a love poem
summerof98
06-11 04:57 PM
Yes, All of my checks got cashed today and i got all the reciepts in mail. ND is 06/01 and RD is 06/06 from Nebraska.
VK373,
Did you actually get all the receipts by mail or did your attorney/employer get them?
Thanks.
VK373,
Did you actually get all the receipts by mail or did your attorney/employer get them?
Thanks.
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desi3933
06-27 02:00 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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ski_dude12
08-25 05:00 PM
Any idea how long it takes for a decision once it has been assigned to an officer?
My wife's case was assigned to an officer on Aug 11th.
My wife's case was assigned to an officer on Aug 11th.
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abracadabra
07-07 09:24 PM
We will only come to this forum. We are 100 guys ready in DC.
sbabunle
05-03 06:21 PM
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I agree with you eb3-nepa. My story is pretty much same as yours. Its not
a good idea to blame IV. IV is trying to do whatever possible within its limits.
If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
I hope and pray some good law will come up where there will be some good for everyone.
thanks
babu
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I agree with you eb3-nepa. My story is pretty much same as yours. Its not
a good idea to blame IV. IV is trying to do whatever possible within its limits.
If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
I hope and pray some good law will come up where there will be some good for everyone.
thanks
babu
simple1
05-01 02:09 PM
Not sure I understand your scenario.
Why would the dependent not file AOS at all ? Are you refering to CP ?
My good faith best understanding is FB2 is not far behind. please refer VB.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Why would the dependent not file AOS at all ? Are you refering to CP ?
My good faith best understanding is FB2 is not far behind. please refer VB.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
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